The Marion Superior Court has affirmed an earlier ruling from the Indiana Office of Environmental Adjudication regarding the issuance of an air permit by the Indiana Department of Environmental Management for Delaware-based Riverview Energy Corp.
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.Read More
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.Read More
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.Read More
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.Read More
A furniture manufacturer has agreed to pay $9.8 million to fund cleanup efforts at an Elkhart federal Superfund site.
Metalworking Lubricants Co. will pay a $310,000 penalty to federal and state agencies for allegedly violating the Clean Air Act by emitting more than 25 tons of hazardous air pollutants per year at its used oil processing facility in Indianapolis.
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.
The head of Indiana’s environmental oversight department for the past five years is leaving that position for a job with the federal government.
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.
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.
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.
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.
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.
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.
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.
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.
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.
As Indiana lawmakers prepare for the second half of the session, several key issues are awaiting further review.
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.
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.
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.
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 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.