Articles

In contamination case, 7th Circuit cleans up messy preclusion fight

Even though none of the businesses disagreed over who contaminated a manufacturing site, the question of who should pay for the cleanup became a fight over claim preclusion that ended with the 7th Circuit Court of Appeals offering instructions on how the lawsuit should have been defended.

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IDEM to hike permit fees for first time in decades

On May 5, Gov. Eric Holcomb signed a bill supported by the Indiana Chamber, the Indiana Manufacturers Association, and other business and environmental groups that will allow the state to raise pollution permit fees after an extensive rulemaking process that could last more than a year.

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SCOTUS to determine when permits are necessary to pollute navigable waters

The US Supreme Court is reviewing a lower court ruling that seemingly expands the Clean Water Act. Under the 9th Circuit’s decision, any pollutant found in navigable water that is “fairly traceable” to a permittable discharge source is subject to permitting requirements, even if the source of the pollutant does not discharge directly into a navigable water.

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Proposal to sunset Ohio River pollution standards yields flood of concern

Ohio River Valley Water Sanitation Commission members, including three from Indiana, are preparing to vote on a proposal that would sunset the organization’s pollution control standards. That proposal has yielded thousands of pages of public comments from proponents who say ORSANCO’s standards are redundant and, more significantly, from opponents who fear water quality in Indiana would suffer.

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Pence family gas stations left costly environmental legacy

The collapse of an oil company linked to the Pence family in 2004 was widely publicized. Less known is that the state of Indiana — and, to a smaller extent, Kentucky and Illinois — are still on the hook for millions of dollars to clean up more than 85 of the company’s contaminated sites, including underground tanks that leaked toxic chemicals into soil, streams and wells.

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