Justices accept ordinance case
The Indiana Supreme Court will decide whether an Indiana town’s ordinance that would give the town the exclusive right to control, regulate, and sell water is actually invalid.
Environmental Issues
Articles
Judges disagree on whether landowners are ‘aggrieved’
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
Justices find statute doesn’t apply to landfill facility
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
Justices reaffirm uniform-contract interpreation approach
The Indiana Supreme Court has reaffirmed the state’s reliance on the uniform-contract interpretation approach rather than a site-specific approach for deciding which of several states’ laws should apply to an environmental remediation insurance coverage case.
Judges affirm complaint is time-barred
Although a trial court shouldn’t have adhered to its local rule because it failed to achieve “the ultimate end of orderly and speedy justice,” the Indiana Court of Appeals affirmed the lower court’s finding that a woman’s claim against her deceased husband’s former employer was time-barred.
Insurer needs notice of claim to defend it
An insurer can't defend a claim of which it has no knowledge and its duty to defend doesn't begin until it receives basic notice information to allow it to defend a claim, ruled the Indiana Supreme Court.
COA first court to join ‘green’ ABA program
The Indiana Court of Appeals has been named as a Law Office Climate Challenge Partner by the American Bar Association Section of Environment, Energy and Resources. The appellate court is the first court in the country to join the program.
Justices: City can proceed with ELA claim
The Indiana Supreme Court held that the city of South Bend's claim under the Environmental Legal Action statute can continue because the statute of limitations hadn't run out.