Indiana scraps plans to buy land for Ohio River port site
Indiana has scrapped plans to buy land at an Ohio River site under consideration for the state’s newest shipping port, Gov. Eric Holcomb announced Thursday.
Environment
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Farm feud: CAFO challenge turns to U.S. Supreme Court
Hendricks County families who live with the odor from a nearby 8,000-hog farm for years have lost their nuisance, negligence and trespass claims against the concentrated animal feeding operation. After unsuccessfully seeking relief from the Indiana Court of Appeals and a divided Indiana Supreme Court, they are now turning to the U.S. Supreme Court.
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Big case hits the big screen: Taft lawyer’s DuPont suit attracts star power
A Taft Stettinius & Hollister attorney who successfully took on one of the world’s most powerful chemical manufacturers in a major toxic contamination case is being featured on the big screen as he continues to bring awareness to an issue he says is a global heath threat.
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Articles
New law for a new century: NEPA ‘modernization’ could limit public input on environmental impacts, lawyers say
For the last 50 years, Americans have had a say in how these projects impacted their neighborhoods through the National Environmental Policy Act. But environmental groups and lawyers have concerns that could change under a new Trump Administration rule set to take effect this week.
Sugarman and Thomas: Nonstick coating emerging as a sticky regulatory problem
The United States Environmental Protection Agency (“EPA”) has identified PFAS as an “emerging contaminant.” The agency has released two peer-reviewed documents addressing health impacts posed by the chemicals. EPA also listed PFOA and PFOS on its Contaminant Candidate List (CCL) — which means they are now subject to regulatory decision making and information collection.
Gardner: Unsettled waters: Revisions to the waters of the U.S. rule
On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.
IPL to pay $1.5M fine to settle Petersburg pollution issues
Indianapolis Power & Light Co. has agreed to pay about $1.5 million in penalties to settle longstanding pollution issues at its huge Petersburg Generating Station.
6 former EPA bosses call for agency reset after election
Six former Environmental Protection Agency chiefs are calling for an agency reset after President Donald Trump’s regulation-chopping, industry-minded first term, backing a detailed plan by former EPA staffers that ranges from renouncing political influence in regulation to boosting climate-friendly electric vehicles.
COA reverses Owen County denial of trash transfer station
A family-owned trash collection business hoping to set up a new transfer station in Owen County won a reversal from the Indiana Court of Appeals following its struggle to proceed due to a dispute with county officials.
Insurer owes no coverage in $50M Elkhart damages ruling, 7th Circuit affirms
A federal court ruling in favor of the insurer of a wood processing facility in Elkhart that was the subject of years of environmental litigation brought by neighbors was affirmed Thursday. The 7th Circuit Court of Appeals held Westfield Insurance owed no duty to cover its insured against an environmental damages award of more than $50 million.
Thomas and Sugarman: SCOTUS’ Atlantic Richfield ruling and environmental torts
Environmental tort actions fall under the larger rubric of toxic torts and involve personal injury and property damage claims for releases of environmental contamination. But what happens when, as they often do, the regulatory cleanup takes years or even decades?
7th Circuit removes East Chicago lead pollution case to federal court
Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.
Class-action certification upheld in Clark County residents’ suit against landfill
A group of Clark County neighbors have prevailed in an interlocutory appeal in their proposed class-action lawsuit that claims a Jeffersonville landfill emits noxious odors and negatively impacts the surrounding residential area.
Indiana negotiates deal with worst utility permit violator
An Indiana utility that committed the most permit violations in the state in the last three years is negotiating a deal with state environmental regulators to keep one of its power plants open.
COA rules for E. Chicago families against state agencies in lead exposure case
Hundreds of families who were unknowingly exposed for years to high levels of lead in Northern Indiana have secured a victory against state and local entities after the Indiana Court of Appeals affirmed the denial of the latter’s motion for judgment on the pleadings.
EPA seeks comments on cleanup of Indianapolis Superfund site
The federal government is seeking the public’s input on its plan to clean up groundwater contamination at a Superfund site in Indianapolis that’s tainted with chemicals used by a dry cleaning company.
NIPSCO’s coal ash removal sparks environmental concerns
A major utility’s plan to close five Indiana coal ash ponds at a power plant along Lake Michigan and move coal ash to a landfill has sparked concerns from environmental activists about how the dust kicked up by that project will be controlled.
Lawsuit claims U.S. plan for Indiana forest could taint water supply
Environmental groups and officials in a southern Indiana county are suing the U.S. Forest Service over its plan to burn or harvest parts of the Hoosier National Forest, alleging that it could taint drinking water for more than 140,000 people.
Lawsuit claims IDEM official ‘maliciously targeted’ environmental company, gas stations
Claiming an IDEM official gave “disparate treatment out of sheer vindictiveness” and “orchestrated a campaign of official harassment,” environmental consultants and business owners have filed a lawsuit against the Indiana Department of Environment Management and Douglas R. Louks, deputy assistant commissioner of the IDEM Office of Land Quality.
Justices reject EPA’s narrow view of Clean Water Act
The US Supreme Court ruled Thursday that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways.
Justices rule against Montana homeowners near Superfund site
The United States Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting.
Brown: Patent priorities, trademark cautions for the eco-focused
Earth Day is upon us, and the World Intellectual Property Organization has announced a theme of “Innovate for a Green Future” for World Intellectual Property Day on April 26. Christopher Brown offers two bits of eco-minded intellectual property law.