In environmental suit, court properly vacated ruling for Bloomington dry cleaner
A Bloomington dry cleaner lost his appeal of a court’s order that vacated a prior ruling granting partial summary judgment in the businessman’s favor.
Environmental Issues
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Appeals court reverses decision for lessee of contaminated industrial building
A company that leased a building with environmental contamination was improperly granted summary judgment over the environmental issues and claims of breach of contract, the Court of Appeals ruled Monday.
Indiana pleased with decision to vacate EPA Transport Rule
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
Summary judgment upheld in contamination case
The former owners of a Beech Grove shopping plaza that once contained a laundry and dry cleaning business that contaminated soil and groundwater cannot be held liable due to the statute of limitations, the Indiana Court of Appeals ruled.
Federal judge rules against environmental groups in I-69 suit
The two environmental organizations challenging the construction of Interstate 69 in southern Indiana lost in federal court Tuesday. The lawsuit filed by Hoosier Environmental Council and Citizens for Appropriate Rural Roads dealt with the stretch of the interstate from Washington, Ind. to Scotland, Ind.
Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
2 Taft lawyers behind new ABA book
The idea for “Environmental Liability and Insurance Recovery” came to Taft Stettinius & Hollister LLP attorneys Frank Deveau and David Guevara while waiting for another environmental-themed book they worked on to be published. In fact, the liability and recovery book, which came out in May, made it out a couple months before the other. Both were published by the American Bar Association.
Court affirms permit to build new wastewater treatment plant
The Indiana Department of Environmental Management’s decision to issue a permit to the city of Hobart to operate a new wastewater treatment plant was not arbitrary, capricious or otherwise contrary to law, the Indiana Court of Appeals ruled.
Environmental law group names IU professor award winner
The Environmental Law Institute has named an Indiana University scientist and faculty member the winner of the 2012 National Wetlands Award for Science Research.
First Wednesday event to discuss environment
The ACLU of Indiana and NUVO managing editor Jim Poyser will lead a panel discussion, “Environmental Justice: Whose air/food/water is it, anyway?” at its First Wednesday event April 4.
Judges rule on Evansville environmental coverage case
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.
Justices disagree on pollution exclusion coverage
A divided Indiana Supreme Court has held that the pollution exclusion contained in a general commercial liability policy is ambiguous and should be construed to provide coverage rather than in favor of the insurance company trying to deny coverage.
Majority upholds finding of contempt
Three Indiana justices affirmed a trial court order finding a business owner, his attorney and an environmental firm in contempt for doing work on a site with possible environmental issues after a temporary restraining order had been issued.
COA affirms ruling in favor of mining company, DNR
The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.
Disclosing environmental violations
Case involving a pork producer was first test of law enacted in 2009.
Environmental law research team receives $5,000 grant to study water governance
A grant from the International Council for Canadian Studies will assist Indiana University Robert H. McKinney School of Law professor Eric Dannenmaier and a student research team in their work on transboundary water resource governance.
Appellate court rules on insurance coverage case
The Indiana Court of Appeals has ruled in favor of a group of insurance companies that argued a waste management company couldn’t seek coverage for asbestos and related worker injuries under policies signed by corporate predecessors before 1986.
Environmental groups merge
The Legal Environmental Aid Foundation and The Hoosier Environmental Council announced that the two not-for-profits have merged and will continue operations as the Hoosier Environmental Council.
Supreme Court rules town can regulate aquifer’s water use
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
Judges rule on breach of contract lawsuit
The City of Jeffersonville breached its contract with a company hired to maintain its sewer system by not adequately providing written notice before ending the contract.