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.
Environmental Protection Agency
Articles
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.
Environmental groups want stronger rules for use of coal ash fill after EPA reveals new risks
In a draft risk assessment published last month by the U.S. Environmental Protection Agency as part of a proposed broader revision of its coal ash management rules, the agency now says using coal ash as fill may create elevated cancer risk from radiation.
Supreme Court will hear challenge to EPA rule limiting downwind power plant pollution in 10 states
The Supreme Court will hear arguments in February on whether the Environmental Protection Agency can continue enforcing its anti-air-pollution “good neighbor” rule in 10 states.
EPA delays new ozone pollution standards until after 2024 election
The Environmental Protection Agency is delaying plans to tighten air quality standards for ground-level ozone—better known as smog—despite a recommendation by a scientific advisory panel to lower air pollution limits to protect public health.
After Supreme Court curtails federal power, Biden administration weakens clean water protections
The Biden administration weakened regulations protecting millions of acres of wetlands Tuesday, saying it had no choice after the Supreme Court sharply limited the federal government’s jurisdiction over them.
Indiana lawmakers could further dilute state wetlands protections following SCOTUS decision
A U.S. Supreme Court ruling from earlier this year will effectively remove federal protections for most of Indiana’s wetlands — and enable Hoosier lawmakers to repeal already-weakened state protections for those areas.
Draft EPA rule could impact nearly 50 Indiana coal ash dumps
Draft federal regulations for toxic coal byproducts could cover nearly 50 exempted dumps spread across 14 locations in Indiana.
Gary group files complaint over IDEM’s approval of waste processing facility
A group of Gary residents is asking the U.S. Environmental Protection Agency to make the Indiana Department of Environmental Management revoke a permit for a waste processing facility and conduct an environmental justice analysis of the site.
BP subsidiary agrees to record $40M penalty and pollution-cutting steps at Lake Michigan refinery
A BP subsidiary will pay a $40 million penalty and install technology to control releases of benzene and other contaminants at its Whiting oil refinery on the Indiana shoreline of Lake Michigan, Biden administration officials said Wednesday.
State is letting AES Indiana discharge toxic water into White River, group says
An Indiana environmental group says the state is allowing AES Indiana to release more than 1 million gallons of contaminated water a day into the White River from coal ash ponds at its Eagle Valley Generating Station.
Judge temporarily blocks clean water rule in 24 states, including Indiana
A federal judge on Wednesday temporarily blocked a federal rule in 24 states including Indiana that is intended to protect thousands of small streams, wetlands and other waterways throughout the nation.
IndyBar: The EPA and PFAS
The EPA is cracking down on per- and polyfluoroalkyl substances (PFAS), a ubiquitous family of chemicals that can be found everywhere from dairy farms and military bases to nonstick pans and food packaging.
Indiana’s third-party testing on toxic train-derailment waste comes back clear
Indiana Gov. Eric Holcomb announced late Wednesday that results from third-party testing on the hazardous waste coming from East Palestine, Ohio, show no harmful levels of dioxins.
Holcomb orders inspection of toxic material from Ohio
Gov. Eric Holcomb said Thursday he is ordering third-party testing of hazardous materials being transported from the East Palestine, Ohio, train derailment to a landfill in Putnam County.
Holcomb objects to decision to ship toxic materials to Indiana landfill
Gov. Eric Holcomb said Tuesday that he strongly objects to the EPA’s decision to transport hazardous materials from the East Palestine, Ohio, train derailment to a facility in western Indiana, a nearly 400-mile journey.
Huldin: EPA approves Phase I standard: Is your real estate deal ready?
ASTM and the U.S. Environmental Protection Agency have added new requirements for a Phase I to meet compliance with the all appropriate inquiry requirements.
Guest column: Sackett’s implications for water protections, land development
The U.S. Supreme Court is reconsidering the proper scope of the Clean Water Act in a case that is likely to have sweeping impacts on federal environmental regulation and land development across the country.
Manufacturer to pay $9.8M for environmental cleanup at Elkhart Superfund site
A furniture manufacturer has agreed to pay $9.8 million to fund cleanup efforts at an Elkhart federal Superfund site.
Biden administration launches environmental justice office
President Joe Biden’s top environment official visited what is widely considered the birthplace of the environmental justice movement Saturday to unveil an office that will distribute $3 billion in block grants to underserved communities burdened by pollution.