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.
Indiana Department of Environmental Management
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Bill would require de novo judicial review of environmental agency decisions
A bill proposed in the 2022 Indiana legislative session would have required trial courts to try disputed issues of fact de novo in a judicial review of certain agency actions. Republican Rep. Chris Jeter, R-Fishers, said he authored House Bill 1063 in an attempt to even the playing field between decision-making agencies and Hoosiers, and in response to an Indiana Supreme Court decision.
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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.
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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.
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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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Articles
Coal to diesel project fuels evidentiary standard argument
A plan to build the country’s first direct coal-hydrogenation refinery in southern Indiana has spawned a crop of flimsy yard signs proclaiming either support for or opposition to the project and has caused a legal argument to flourish over how much ordinary Hoosiers need to do to get their day in court.
7th Circuit affirms former Goshen factory not posing danger to residents
The 7th Circuit Court of Appeals has affirmed a federal judge’s ruling that a former factory in Goshen is not posing any ongoing dangers to the health of residents in the area.
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.
Judge: BP’s Whiting refinery violated soot emission limits
A BP refinery in northwestern Indiana repeatedly violated air pollution standards for soot emissions between 2015 and 2018, a federal judge ruled in a lawsuit brought by environmental advocates.
Wetlands deregulation bill advances to Indiana governor
Lawmakers gave final approval Wednesday to a disputed bill seeking to remove protections from Indiana’s already diminished wetlands amid mounting criticism that the legislation could cause damage to the state’s waterways, wildlife and vegetation.
Indiana lawmakers amend environment bills as deadlines near
Dozens of amendments to bills affecting Indiana environmental policy have sparked debate among lawmakers as the Legislature enters its final stretch of the session. The proposed changes arrive as members of the General Assembly decide whether the state should adopt greener initiatives or scale back current policy protecting water, energy and other resources.
ALJ attorney fees bill heading into opposition at Senate hearing
After sailing through the House without a single vote in opposition, a bill that would enable individuals to recoup attorney fees from state agencies could hit a stiff wind Wednesday as public interest organizations are aligning to try to block the legislation from moving any further through the Statehouse.
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.
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.
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.
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.
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.
Justices affirm denial of IDEM whistleblower suit, vacate ‘broad’ holding
Indiana Supreme Court justices affirmed Thursday the denial of a fired Indiana Department of Environmental Management chemist’s petition for judicial review, but vacated a portion of an appellate panel’s decision that it considered too broad.
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.
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.
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.