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.
Environment
Articles
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.
Thomas and Sugarman: SCOTUS’ Atlantic Richfield ruling and environmental torts
Environmental tort actions fall under the larger rubric of toxic torts and involve personal injury and property damage claims for releases of environmental contamination. But what happens when, as they often do, the regulatory cleanup takes years or even decades?
7th Circuit removes East Chicago lead pollution case to federal court
Companies sued by residents who claim their former housing complex in East Chicago was polluted by toxins including lead and arsenic prevailed in their bid to have the case heard in federal rather than state court. In doing so, the 7th Circuit Court of Appeals also eased the standard for when a defendant may assert a defense of acting under federal authority.
Class-action certification upheld in Clark County residents’ suit against landfill
A group of Clark County neighbors have prevailed in an interlocutory appeal in their proposed class-action lawsuit that claims a Jeffersonville landfill emits noxious odors and negatively impacts the surrounding residential area.
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.
COA rules for E. Chicago families against state agencies in lead exposure case
Hundreds of families who were unknowingly exposed for years to high levels of lead in Northern Indiana have secured a victory against state and local entities after the Indiana Court of Appeals affirmed the denial of the latter’s motion for judgment on the pleadings.
EPA seeks comments on cleanup of Indianapolis Superfund site
The federal government is seeking the public’s input on its plan to clean up groundwater contamination at a Superfund site in Indianapolis that’s tainted with chemicals used by a dry cleaning company.
NIPSCO’s coal ash removal sparks environmental concerns
A major utility’s plan to close five Indiana coal ash ponds at a power plant along Lake Michigan and move coal ash to a landfill has sparked concerns from environmental activists about how the dust kicked up by that project will be controlled.
Lawsuit claims U.S. plan for Indiana forest could taint water supply
Environmental groups and officials in a southern Indiana county are suing the U.S. Forest Service over its plan to burn or harvest parts of the Hoosier National Forest, alleging that it could taint drinking water for more than 140,000 people.
Lawsuit claims IDEM official ‘maliciously targeted’ environmental company, gas stations
Claiming an IDEM official gave “disparate treatment out of sheer vindictiveness” and “orchestrated a campaign of official harassment,” environmental consultants and business owners have filed a lawsuit against the Indiana Department of Environment Management and Douglas R. Louks, deputy assistant commissioner of the IDEM Office of Land Quality.
Justices reject EPA’s narrow view of Clean Water Act
The US Supreme Court ruled Thursday that sewage plants and other industries cannot avoid environmental requirements under landmark clean-water protections when they send dirty water on an indirect route to rivers, oceans and other navigable waterways.
Justices rule against Montana homeowners near Superfund site
The United States Supreme Court delivered a setback Monday to Montana homeowners who are seeking additional cleanup of arsenic left over from years of copper smelting.
Brown: Patent priorities, trademark cautions for the eco-focused
Earth Day is upon us, and the World Intellectual Property Organization has announced a theme of “Innovate for a Green Future” for World Intellectual Property Day on April 26. Christopher Brown offers two bits of eco-minded intellectual property law.
New law mandates Indiana schools test for lead contamination
Drinking water fountains and taps at public and private schools in Indiana will be required to be tested for lead contamination by 2023 under a new state law.
Lawmakers OK bill cementing landmark Lake Michigan ruling
Indiana lawmakers have passed legislation to embrace a landmark state Supreme Court decision affirming that the Lake Michigan shoreline is publicly owned and open to all for recreation.
Indiana legislators pass bill seeking to deregulate wetlands
Indiana’s protections for certain wetlands would end under legislation state lawmakers approved in the waning hours of their session, even though the state’s own environmental agency joined environmentalists in opposing the measure.
Indiana lawmakers pass controversial coal bill
A controversial bill that would prohibit Indiana utilities from shutting down coal-fired power plants before May 2021 has passed both chambers of the Indiana General Assembly and is on its way to Gov. Eric Holcomb for his signature.