Governor signs controversial wetlands bill into law
Gov. Eric Holcomb signed a controversial wetlands bill into law on Thursday, disappointing numerous environmental, conservation and civic groups that had spoken out against the legislation.
Environmental Issues
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COA affirms for Michigan City in property fraudulent transfer dispute
An appellate panel has sided with a northern Indiana city involving its attempts to satisfy default judgments against a family for incurred and future investigation and remediation costs associated with a property they own where a manufacturing facility was once located.
Holcomb asked to veto wetlands bill by environmental activists, Hoosiers
More than 100 activists and residents from across the state are pleading with Gov. Eric Holcomb to veto a bill that would remove a large chunk of protections from Indiana’s wetlands, which were the target of a bill that opponents say could damage water supply, wildlife and vegetation.
Judge: BP’s Whiting refinery violated soot emission limits
A BP refinery in northwestern Indiana repeatedly violated air pollution standards for soot emissions between 2015 and 2018, a federal judge ruled in a lawsuit brought by environmental advocates.
Wetlands deregulation bill advances to Indiana governor
Lawmakers gave final approval Wednesday to a disputed bill seeking to remove protections from Indiana’s already diminished wetlands amid mounting criticism that the legislation could cause damage to the state’s waterways, wildlife and vegetation.
Indiana lawmakers amend environment bills as deadlines near
Dozens of amendments to bills affecting Indiana environmental policy have sparked debate among lawmakers as the Legislature enters its final stretch of the session. The proposed changes arrive as members of the General Assembly decide whether the state should adopt greener initiatives or scale back current policy protecting water, energy and other resources.
SCOTUS gives Georgia win in water war with Florida
The U.S. Supreme Court ruled unanimously for Georgia on Thursday in its long-running dispute with Florida over water. The Sunshine State had alleged overconsumption of water in the Peach State led to collapse of the Florida Gulf Coast oyster industry.
IU wins reversal in students’ mold-infestation lawsuit
Indiana University Bloomington claimed a victory in the legal fight over mold infestation in dorms, convincing the Indiana Court of Appeals to overturn the denial of the school’s summary judgment motion on all tort claims brought by the affected students.
Trump policy that weakened wild bird protections revoked
The Biden administration on Monday reversed a policy imposed under former President Donald Trump that drastically weakened the government’s power to enforce a century-old law that protects most U.S. bird species.
Public warned to avoid Hammond lake where waterfowl died
State environmental officials are warning the public to avoid a northwestern Indiana lake while authorities investigate the deaths of dozens of ducks and other waterfowl in the area.
Supreme Court Justice Amy Coney Barrett authors first opinion
Supreme Court Justice Amy Coney Barrett has delivered her first opinion, writing a 7-2 decision released Thursday in a case about the federal Freedom of Information Act, which Barrett explains makes “records available to the public upon request, unless those records fall within one of nine exemptions.”
Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?
On April 20, 2020, the U.S. Supreme Court issued its decision in Atlantic Richfield Co. v. Christian, No. 17-1498, 140 S.Ct. 1335. The Court’s holding was relatively simple: plaintiffs (Montana landowners) could bring state court claims pursuing cleanup of additional contamination from the “Anaconda Smelter,” but they were first required under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) to seek the U.S. Environmental Protection Agency’s (EPA) approval for additional cleanup. While on its face this decision addresses the interplay between CERCLA and Montana state law claims, the ramifications of Atlantic Richfield may be felt in Indiana.
Kelln and Harrell: Hoosier McCabe’s EPA nomination elevates climate change policies
A little more than four years ago, Hoosier Janet McCabe ended her service as assistant administrator of EPA’s Office of Air and Radiation. Since then, the most significant aspects of the Obama-era climate change regulations, namely the Clean Power Plan, have been unwound. Biden’s selection of McCabe signals a doubling down on regulating greenhouse gas emissions.
Doehrmann, List and Hagerty: Coal combustion residual regulation outlook under Biden
It has been just over one month since President Joe Biden was sworn in as the 46th President of the United States, and he is delivering on his promise to move quickly. Biden has signed more executive orders in his first 30 days than any president in U.S. history. Perhaps another record-breaking instance is the proportion of these actions that relate to energy and environmental policies.
Toxic fallout: Remediation and lawsuits continuing at USS Lead Superfund site in East Chicago
The pictures of sun-drenched homes and neatly trimmed lawns in East Chicago showcase what is perhaps the best outcome. However, the images belie the nightmare many residents are still living. The homes along with the neighboring West Calumet Housing Project and Carrie Gosch Elementary School were all built on the USS Lead Superfund site.
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.
Draining protection: Deregulation bill sends conservationists scrambling to save Indiana wetlands
A controversial bill that would do away with state regulation of Indiana’s wetlands is on the fast track to becoming law, throwing environmental agencies and conservation advocates into a frenzy. Farmers and land developers support the legislation, arguing wetland regulations are burdensome.
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.
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.”