IndyBar: Proving A Claim Under Indiana’s Environmental Legal Action Statute
The mere ownership of a property or business is not enough to establish liability under Indiana’s Environmental Legal Action Statute.
Environmental Issues
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Water systems, manufacturers brace for limits on ‘forever’ chemicals
The U.S. Environmental Protection Agency took a historic step in April to protect communities from so-called “forever chemicals,” with the federal agency releasing a final rule that established legally enforceable limits.
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Swimming upstream? SCOTUS decision, Indiana legislation reignite wetlands debate
A ruling that was 15 years in the making has now sparked passionate discourse in the Indiana Statehouse as changes to wetlands occur.
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Government, environmental groups net win in forest fight
The Hoosier National Forest has been the focus of two lawsuits since 2020 aimed at stopping a controversial federal vegetation management plan that involves the logging and burning of several thousand acres within the forest.
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Hendricks County hog-farm fight gets even messier
Plaintiffs assert the defendants are pursuing litigation to retaliate and deter the Hoosier Environmental Council from helping residents of rural communities push back against “the powerful livestock industry” and protect themselves from the pollution caused by factory farms.
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Articles
Environmental group sues state agency over wastewater discharge in Morgan County
The Hoosier Environmental Council says a state permit improperly allows the Eagle Valley Generating Station—an AES-owned power plant in Martinsville—to discharge untreated wastewater from its coal ash waste ponds into a stretch of the West Fork of the White River.
Gov. Mike Braun joins Indiana locals in long-held opposition against proposed forest project
A recent letter penned by Indiana Gov. Mike Braun urged federal officials to “immediately withdraw” a controversial plan to log and burn nearly 20,000 acres of The Hoosier National Forest.
Indiana Senate approves education measures, narrowly OKs carbon storage measure
Indiana’s Senate on Tuesday approved a trio of education measures – on supplemental teacher pay, sexual education materials and chaplain-counselors – largely along party lines. Then, the chamber nearly split on bulked-up carbon storage regulations.
Despite pushback, lawmakers advance bill to double inspections of Indiana’s confined animal farms
A bill to increase inspections of confined livestock farms advanced Monday despite pushback from multiple Indiana farming groups who argued that additional oversight requirements will come at a cost to producers.
Ohio River protection would be new federal office’s job under bipartisan bill in Congress
A bipartisan bill introduced in Congress would create a new office within the U.S. Environmental Protection Agency to address environmental needs of the Ohio River basin spanning 204,000 square miles.
Franklin residents sue over alleged decades-long exposure to hazardous waste from two factory sites
The lawsuit, filed in Marion Superior Court, alleges that the defendants released large quantities of several known carcinogens from their Franklin sites into the city through the air, soil, groundwater, and sewer system.
In landmark move, EPA requires removal of all lead pipes within 10 years
The Environmental Protection Agency finalized a rule Tuesday requiring water utilities to replace all lead pipes in the United States within 10 years, a move aimed at eliminating a toxic threat that continues to affect tens of thousands of American children each year.
Emergency fuel waiver issued for four Midwest states to alleviate soaring gas prices after storms
ExxonMobil shut down the refinery last month when severe weather swept through the region. The waiver, for Illinois, Indiana, Michigan and Wisconsin, will continue through Aug. 20.
Settlement reached to protect endangered Kirtland’s snakes
The Hoosier Environmental Council secured a settlement last week in a lawsuit filed a year ago over an endangered species of snake and the wetlands where it resides.
Biden administration proposes rule for workplaces to address excessive heat
The Biden administration proposed a new rule Tuesday to address excessive heat in the workplace, as tens of millions of people in the U.S. are under heat advisories due to blistering temperatures.
‘Green blitz’: As election nears, Biden pushes slew of rules on environment, other priorities
As he tries to secure his legacy, President Joe Biden has unleashed a flurry of election-year rules on the environment and other topics, including a landmark regulation that would force coal-fired power plants to capture smokestack emissions or shut down.
As feds stand down, states choose between wetlands protections or rollbacks
In Indiana, Illinois and many other states, local homebuilders’ groups have been among the leading voices to curtail wetlands regulation. But many environmental advocates in Indiana say a new law’s supporters are understating its effects.
EPA issues new auto rules aimed at cutting carbon emissions, boosting EVs
The Biden administration announced new automobile emissions standards Wednesday that officials called the most ambitious plan ever to cut planet-warming emissions from passenger vehicles.
Supreme Court seems skeptical of EPA’s ‘good neighbor’ rule on power plant pollution
The U.S. Supreme Court’s conservative majority seemed skeptical Wednesday as the Environmental Protection Agency sought to continue enforcing an anti-air-pollution rule in 11 states while separate legal challenges proceed around the country.
Cummins faces shareholder and customer lawsuits after $2B settlement
Cummins Inc. is facing multiple lawsuits from shareholders and Dodge Ram truck owners after the company agreed to pay $2 billion late last year to settle allegations that it unlawfully altered hundreds of thousands of pickup truck engines.
Hamer: Commercial property environmental due diligence
Many new property owners and lessors also aren’t aware of — and don’t budget for — the duty to perform ongoing obligations in order to keep whatever legal defenses they may have from their environmental site assessment.
Alson and Pashos: Judicial deference to administrative agencies in 2024
In the four decades since Chevron was decided, it has been cited in more than 18,000 cases. Today, however, the future of the “Chevron deference” is uncertain.
Sugarman: Change coming to judicial review of agency action in Indiana?
Two cases currently pending before the United States Supreme Court have the potential to change the face of administrative law at the federal and, perhaps, state level by eliminating or significantly curtailing Chevron deference.
Holcomb signs first bill of 2024, rolls back wetlands protections
Indiana Gov. Eric Holcomb signed the first bill to hit his desk in the 2024 legislative session: one further eroding wetlands protections by redefining certain, protected wetlands to a less regulated class.