Indiana Department of Environmental Management

Sugarman and Thomas: Can plaintiffs ‘squeeze’ restoration damages out of ELA?

March 3, 2021

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.

Finding consensus, struggling with conflict at legislative halfway mark

March 1, 2021 | Lindsey Erdody, Indianapolis Business Journal

As Indiana lawmakers prepare for the second half of the session, several key issues are awaiting further review.

Indiana Senate approves bill to deregulate wetlands

February 2, 2021 | Lindsey Erdody, Indianapolis Business Journal

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

January 15, 2021 | IL Staff and Associated Press

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.

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.

Justices affirm denial of IDEM whistleblower suit, vacate ‘broad’ holding

October 22, 2020 | Katie Stancombe

Indiana Supreme Court justices affirmed Thursday the denial of a fired Indiana Department of Environmental Management chemist’s petition for judicial review, but vacated a portion of an appellate panel’s decision that it considered too broad.

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.

IPL to pay $1.5M fine to settle Petersburg pollution issues

September 1, 2020 | John Russell, Indianapolis Business Journal and IL Staff

Indianapolis Power & Light Co. has agreed to pay about $1.5 million in penalties to settle longstanding pollution issues at its huge Petersburg Generating Station.

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.

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.

Fired IDEM employee loses appeal in whistleblower dispute

May 29, 2020 | Katie Stancombe

A former environmental chemist who was fired from his longstanding position at the Indiana Department of Environmental Management could not convince a panel of the Indiana Court of Appeals that he was terminated for being a whistleblower.

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.

Lawsuit claims IDEM official ‘maliciously targeted’ environmental company, gas stations

May 15, 2020 | Marilyn Odendahl

Claiming an IDEM official gave “disparate treatment out of sheer vindictiveness” and “orchestrated a campaign of official harassment,” environmental consultants and business owners have filed a lawsuit against the Indiana Department of Environment Management and Douglas R. Louks, deputy assistant commissioner of the IDEM Office of Land Quality.

New law mandates Indiana schools test for lead contamination

March 31, 2020 | Associated Press

Drinking water fountains and taps at public and private schools in Indiana will be required to be tested for lead contamination by 2023 under a new state law.

Lawmakers OK bill cementing landmark Lake Michigan ruling

March 16, 2020 | Associated Press and IL Staff

Indiana lawmakers have passed legislation to embrace a landmark state Supreme Court decision affirming that the Lake Michigan shoreline is publicly owned and open to all for recreation.

Indiana legislators pass bill seeking to deregulate wetlands

March 16, 2020 | Associated Press

Indiana’s protections for certain wetlands would end under legislation state lawmakers approved in the waning hours of their session, even though the state’s own environmental agency joined environmentalists in opposing the measure.

Signs opposing proposed CAFO hog farm vandalized

March 4, 2020 | Associated Press

A dispute over a large hog farm in northern Indiana in the small community of Denver is getting nasty. Yard signs opposing the Miami County farm were removed and then returned with obscenities painted on them, the Kokomo Tribune reported.

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