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.
Environment
Articles
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.
Buttigieg aims for ‘generational’ change at Transportation
President Joe Biden’s nominee for secretary of transportation, former South Bend Mayor Pete Buttigieg, is pledging to carry out the administration’s ambitious agenda to rebuild the nation’s infrastructure, calling it a “generational opportunity” to create new jobs, fight economic inequality and stem climate change.
On Day One, Biden to undo Trump policies on climate, virus
In his first hours as president, Joe Biden will aim to strike at the heart of President Donald Trump’s policy legacy, signing a series of executive actions that will reverse his predecessor’s orders on immigration, climate change and handling of the coronavirus pandemic.
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.
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.
Sugarman and Thomas: Nonstick coating emerging as a sticky regulatory problem
The United States Environmental Protection Agency (“EPA”) has identified PFAS as an “emerging contaminant.” The agency has released two peer-reviewed documents addressing health impacts posed by the chemicals. EPA also listed PFOA and PFOS on its Contaminant Candidate List (CCL) — which means they are now subject to regulatory decision making and information collection.
Gardner: Unsettled waters: Revisions to the waters of the U.S. rule
On June 22, the Trump administration’s new Navigable Waters Protection Rule went into effect and was immediately subject to multiple legal challenges throughout the country. The Navigable Waters Protection Rule is likely to have far-reaching impacts on the development and use of land across the United States.
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.
6 former EPA bosses call for agency reset after election
Six former Environmental Protection Agency chiefs are calling for an agency reset after President Donald Trump’s regulation-chopping, industry-minded first term, backing a detailed plan by former EPA staffers that ranges from renouncing political influence in regulation to boosting climate-friendly electric vehicles.
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.