Public warned to avoid Hammond lake where waterfowl died
State environmental officials are warning the public to avoid a northwestern Indiana lake while authorities investigate the deaths of dozens of ducks and other waterfowl in the area.
Environmental Issues
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Supreme Court Justice Amy Coney Barrett authors first opinion
Supreme Court Justice Amy Coney Barrett has delivered her first opinion, writing a 7-2 decision released Thursday in a case about the federal Freedom of Information Act, which Barrett explains makes “records available to the public upon request, unless those records fall within one of nine exemptions.”
Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?
On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.
Kelln and Harrell: Hoosier McCabe’s EPA nomination elevates climate change policies
A little more than four years ago, Hoosier Janet McCabe ended her service as assistant administrator of EPA’s Office of Air and Radiation. Since then, the most significant aspects of the Obama-era climate change regulations, namely the Clean Power Plan, have been unwound. Biden’s selection of McCabe signals a doubling down on regulating greenhouse gas emissions.
Doehrmann, List and Hagerty: Coal combustion residual regulation outlook under Biden
It has been just over one month since President Joe Biden was sworn in as the 46th President of the United States, and he is delivering on his promise to move quickly. Biden has signed more executive orders in his first 30 days than any president in U.S. history. Perhaps another record-breaking instance is the proportion of these actions that relate to energy and environmental policies.
Toxic fallout: Remediation and lawsuits continuing at USS Lead Superfund site in East Chicago
The pictures of sun-drenched homes and neatly trimmed lawns in East Chicago showcase what is perhaps the best outcome. However, the images belie the nightmare many residents are still living. The homes along with the neighboring West Calumet Housing Project and Carrie Gosch Elementary School were all built on the USS Lead Superfund site.
Finding consensus, struggling with conflict at legislative halfway mark
As Indiana lawmakers prepare for the second half of the session, several key issues are awaiting further review.
Draining protection: Deregulation bill sends conservationists scrambling to save Indiana wetlands
A controversial bill that would do away with state regulation of Indiana’s wetlands is on the fast track to becoming law, throwing environmental agencies and conservation advocates into a frenzy. Farmers and land developers support the legislation, arguing wetland regulations are burdensome.
Indiana Senate approves bill to deregulate wetlands
The Indiana Senate has passed controversial legislation that would repeal state oversight of wetlands. Some lawmakers in both parties, however, said the law goes too far and would interfere with regulatory or judicial review of multiple pending cases.
IU McKinney’s McCabe tapped as second-in-command at EPA
President-elect Joe Biden on Friday tapped Janet McCabe, an environmental law and policy expert and Indiana University Robert H. McKinney School of Law professor, to return to the U.S. Environmental Protection Agency as deputy administrator.
Plaintiffs in protracted CAFO litigation hit with counterclaim
Farmers and neighbors who battled over an 8,000-hog confined animal feeding operation in Hendricks County are starting a second round of fighting with the farmers filing a counterclaim, arguing the lawsuit brought by their neighbors and litigated for multiple years through four courts was “frivolous.”
McCabe: Biden will reverse Trump environmental policies
The Trump administration has used many tools to weaken environmental protection. For example, Trump issued an executive order in June 2020 to waive environmental review for infrastructure projects such as pipelines and highways. I expect the Biden administration will quickly signal to the nation that effectively applying the nation’s environmental laws matters to everyone – especially to communities that bear an unfair share of the public health burden of pollution.
Critics: Indiana panel’s report could lead to coal bailout
A group of state lawmakers and energy experts has approved a new state energy report outlining how Indiana should proceed at a time when electric utilities are seeing a big shift from coal to renewable energy sources.
Trump pushes new environmental rollbacks on way out the door
Down to its final weeks, the Trump administration is working to push through dozens of environmental rollbacks that could weaken century-old protections for migratory birds, expand Arctic drilling and hamstring future regulation of public health threats.
Court orders FDA assessment of Indiana-raised modified salmon
A federal court judge ordered the U.S. Food and Drug Administration on Thursday to conduct an environmental assessment of genetically modified salmon that he said was required for the agency’s approval of the fish.
COA reaffirms decision for Owen County trash transfer station
The Indiana Court of Appeals in granting a petition for rehearing upheld its former decision for a family-owned trash company seeking to build a solid waste transfer station in Owen County.
Sylvia & Townsend: Real estate environmental due diligence: What’s the risk?
Buying commercial real estate requires special attention to potential environmental problems and the laws that regulate them. A lawyer advising a buyer of commercial real estate must identify and resolve existing or potential environmental problems or risk an unhappy client.
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.
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.
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.