Environmental Issues - The Indiana Lawyer

McCabe: Biden will reverse Trump environmental policies

November 25, 2020

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

November 23, 2020 | Associated Press

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

November 19, 2020 | Associated Press

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

November 6, 2020 | Associated Press

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

November 4, 2020 | Katie Stancombe

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.

Sylvia & Townsend: Real estate environmental due diligence: What’s the risk?

October 28, 2020

Buying commercial real estate requires special attention to potential environmental problems and the laws that regulate them. A lawyer advising a buyer of commercial real estate must identify and resolve existing or potential environmental problems or risk an unhappy client.

Indiana scraps plans to buy land for Ohio River port site

September 18, 2020 | Associated Press

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

September 2, 2020 | Marilyn Odendahl

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

September 2, 2020 | Olivia Covington

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

September 2, 2020

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

September 2, 2020 | Will Gardner

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.

6 former EPA bosses call for agency reset after election

August 12, 2020 | Associated Press

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

July 30, 2020 | Katie Stancombe

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

June 26, 2020 | Dave Stafford

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

June 24, 2020

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?

Class-action certification upheld in Clark County residents’ suit against landfill

June 18, 2020 | Katie Stancombe

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

June 15, 2020 | Associated Press

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

June 10, 2020 | Katie Stancombe

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

June 1, 2020 | Associated Press and IL Staff

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

May 19, 2020 | Associated Press

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.

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