Alson and Pashos: Judicial deference to administrative agencies in 2024
In the four decades since Chevron was decided, it has been cited in more than 18,000 cases. Today, however, the future of the “Chevron deference” is uncertain.
Environment
Articles
Sugarman: Change coming to judicial review of agency action in Indiana?
Two cases currently pending before the United States Supreme Court have the potential to change the face of administrative law at the federal and, perhaps, state level by eliminating or significantly curtailing Chevron deference.
Holcomb signs first bill of 2024, rolls back wetlands protections
Indiana Gov. Eric Holcomb signed the first bill to hit his desk in the 2024 legislative session: one further eroding wetlands protections by redefining certain, protected wetlands to a less regulated class.
A little fish at the Supreme Court could take a big bite out of regulatory power
In a Supreme Court term increasingly dominated by cases related to former President Donald Trump, the justices are about to take up lower profile cases that could rein in a wide range of government regulations affecting the environment, workplace standards, consumer protections and public health.
Environmental groups want stronger rules for use of coal ash fill after EPA reveals new risks
In a draft risk assessment published last month by the U.S. Environmental Protection Agency as part of a proposed broader revision of its coal ash management rules, the agency now says using coal ash as fill may create elevated cancer risk from radiation.
Supreme Court will hear challenge to EPA rule limiting downwind power plant pollution in 10 states
The Supreme Court will hear arguments in February on whether the Environmental Protection Agency can continue enforcing its anti-air-pollution “good neighbor” rule in 10 states.
Following her curiosity: Chief Environmental Law Judge Davidsen preparing for retirement after 20 years
The path to judgeship wasn’t a straight shot for Chief Environmental Law Judge Mary Davidsen, but she let her curiosity lead her along the way.
EPA delays new ozone pollution standards until after 2024 election
The Environmental Protection Agency is delaying plans to tighten air quality standards for ground-level ozone—better known as smog—despite a recommendation by a scientific advisory panel to lower air pollution limits to protect public health.
Biden goes west to talk about his administration’s efforts to combat climate change
President Joe Biden will travel to Arizona, New Mexico and Utah next week and is expected to talk about his administration’s efforts to combat climate change as the region endures a brutally hot summer with soaring temperatures, the White House said Monday.
Deep sea mining permits may be coming soon. What are they and what might happen?
The International Seabed Authority — the United Nations body that regulates the world’s ocean floor — is preparing to resume negotiations that could open the international seabed for mining, including for materials critical for the green energy transition.
Bill seeks to prevent federal takeover of Indiana air pollution program
Indiana’s air pollution permitting program is low on money, edging toward violation of the federal Clean Air Act — and a potential U.S. Environmental Protection Agency takeover. And it’s because air pollution is decreasing.
Reversal: Evansville company entitled to indemnity on environmental claim
A company sued in federal court nearly two decades ago for environmental contamination is entitled to indemnity against related state-court litigation, the Court of Appeals of Indiana has ruled in a summary judgment reversal.
EPA waives fuel rule in 4 states after Indiana refinery fire
The Environmental Protection Agency temporarily lifted a federal rule for fuel sales in four states in response to a fire last week at an Indiana oil refinery that could affect prices and supply.
Fort Wayne businesswoman sentenced for illegally storing hazardous waste, falsifying document
The former president of a Fort Wayne business that portrayed itself as an environmental services company providing waste management services has been sentenced in federal court, the U.S. Department of Justice announced Friday.
New law will remove DNR oversight of dams near city of Peru
Homeowners in a lake-filled housing development in northern Indiana will no longer be on the hook for major repairs to six aging dams under a new state law.
Indiana environmental chief leaving for federal agency job
The head of Indiana’s environmental oversight department for the past five years is leaving that position for a job with the federal government.
Leverton: Unique legal consideration with industrial outdoor storage
By Justin Leverton Indianapolis is uniquely positioned as one of the top industrial markets in America. With its easy access to air, train and truck transport, it is one of the few industrial markets that was not seriously impacted by the Great Recession. Nowadays, the Indianapolis industrial market is booming, with few vacancies. A burgeoning […]
Governor signs controversial wetlands bill into law
Gov. Eric Holcomb signed a controversial wetlands bill into law on Thursday, disappointing numerous environmental, conservation and civic groups that had spoken out against the legislation.
Indianapolis attorney’s leap to classroom highlights role, value of adjunct law faculty
Environmental attorney Kathryn Watson was already scheduled to be a guest speaker in the clean air law class during Indiana University Robert H. McKinney School of Law’s spring semester when the professor called to ask if she would be willing to shoulder a bit more responsibility.
Holcomb asked to veto wetlands bill by environmental activists, Hoosiers
More than 100 activists and residents from across the state are pleading with Gov. Eric Holcomb to veto a bill that would remove a large chunk of protections from Indiana’s wetlands, which were the target of a bill that opponents say could damage water supply, wildlife and vegetation.