Indiana proposes new sulfur dioxide limit for E. Chicago plant
Indiana regulators have set proposed new pollution limits for a steel plant in East Chicago that’s considered one of the region’s worst polluters.
Energy & Environmental Law
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Environmental groups sue steel mill over lake chemical spill
Two environmental groups are suing a steelmaker for allegedly violating the Clean Water Act at its northwestern Indiana facility more than 100 times in the past five years, including an August spill that killed more than 3,000 fish.
Justices seem uncertain about reach of Clean Water Act
The United States Supreme Court seems uncertain about how to decide a closely watched case from Hawaii about the reach of landmark federal clean-water protections.
Big case hits the big screen: Taft lawyer’s DuPont suit attracts star power
A Taft Stettinius & Hollister attorney who successfully took on one of the world’s most powerful chemical manufacturers in a major toxic contamination case is being featured on the big screen as he continues to bring awareness to an issue he says is a global heath threat.
Harrell & Dodane: Final ACE rule trumps CPP, lets states set standards
On June 19, United States Environmental Protection Agency administrator Andrew Wheeler signed the final version of the Affordable Clean Energy rule that was initially proposed on Aug. 21, 2018. The ACE final rule repeals and replaces the Obama administration’s Clean Power Plan, which attempted to impose first-ever carbon dioxide emission standards on existing fossil fuel power plants.
McGimpsey: Digital water pivots utilities from reactive to proactive
Data has transformed how every industry does business, including utilities. The term “digital water” is a hot topic right now as more water and wastewater utilities look to improve operations and communications with customers. While it can be challenging for utilities to take steps toward implementing digital water technologies, those that do could see significant benefits across multiple departments.
Indiana takes steps to improve water sustainability
Hoosier lawmakers, utilities and water policy lawyers in recent years have begun to look more closely at supply and demand. Legislation passed by the General Assembly in 2019, for example, ties certain funding sources to evidence of effective water study and communication. Meanwhile, some of the state’s biggest utilities have begun efforts to increase collaboration so that water resources might be shared.
7th Circuit affirms CERCLA ruling in Beech Grove lead cleanup
The 7th Circuit Court of Appeals has affirmed a district court’s ruling against a Beech Grove manufacturing company over who should bear the costs of cleaning up a contaminated lead smelter site.
Ethanol producer blames Cloverdale plant closure on Trump EPA
The owner of a western Indiana ethanol plant is blaming its shutdown on the Trump administration allowing some refineries to not blend ethanol with gasoline as required under federal law.
NIPSCO loses appeal in damaged gas line small-claims suit
An excavation company found at fault for the destruction of a new home’s gas line will still have to pay up to the Northern Indiana Public Service Company despite the latter’s assertion that the company could not be held liable for a landscaper’s failure to mark the gas lines.
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.
Reversal: USDA farm wetlands ruling arbitrary and capricious
A Hancock County farm family denied U.S. Department of Agriculture benefits since the removal of nine trees from their farm in the 1990s prevailed in litigation against the agency. The 7th Circuit Court of Appeals entered judgment for the family, finding USDA’s rulings in the case arbitrary and capricious.
Reversal: Man can’t build concrete seawall on lake property
A man’s permission to build a concrete wall on his northern Indiana lakefront property has been halted now that the Indiana Court of Appeals has reversed a trial court’s reversal of his denied application.
Despite objections, 9,200-head hog farm moves forward in Miami County
A proposed 9,200-head hog farm is moving forward in northern Indiana despite opposition from residents who say it will hurt property values and environmentalists worried about its proximity to a large reservoir.
2 groups appeal Indiana permit for coal-to-diesel plant
Two southern Indiana groups are appealing an air permit that state regulators recently approved for a planned $2.5 billion coal-to-diesel plant.
US won’t impose rule to protect against coal ash spill costs
The Trump administration said Tuesday that it won’t require electric utilities to show they have money to clean up hazardous spills from power plants despite a history of toxic coal ash releases contaminating rivers and aquifers.
Majority of Indiana justices rule for NIPSCO in rate fight
Asserting in a 3-2 decision that allowing a group of angry industrial ratepayers to prevail could cause the lights to go out and the furnace to switch off, a split Indiana Supreme Court has upheld a utility’s petition to raise customers’ electric bills. The NIPSCO Industrial Group had challenged Northern Indiana Public Service Co.’s second […]
New trial ordered in suit over deadly propane explosion
An appellate panel has ordered a new trial in a negligence case arising after a propane tank explosion killed two people in Clinton County. The Indiana Court of Appeals ruled that admission of a verbatim hearsay opinion read into evidence by a defense expert witness was prejudicial to the deceased couple’s estate.
Zipping into statutes: Overview of new laws for 2019
Although the $34 billion budget dominated the session, legislators introduced and considered more than 600 bills each in both the Senate and the House. The ones they passed covered a variety of matters, including hate crimes, hemp, gambling, foster parents, electricity generation and, of course, electric scooters.
Complex questions about justice center site safety concern prosecutor, public defender
Since the Marion County judges hired their own environmental consultant to review the remediation plans for the property where the new justice center is slated to be built, the Marion County prosecutor and public defender offices have started raising their own concerns about the level of contamination and safety of their workers.