Environmental Law Section
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- 11.16.2015Common Law Tort Claims Not Preempted by the Federal Clean Air Act
On November 2, the Sixth Circuit Court of Appeals ruled in Merrick v. Diageo Americas Supply Inc. that common law tort claims are not preempted by the Clean Air Act.
- 11.02.20152015 Green Legal Members Announced
See this post for members of the 2015 IndyBar Green Legal Initiative.
- 11.02.2015Message from the Chair: The Latest Section Updates
Check out this post for the latest Environmental Law Section updates, straight from Section Chair Jeffrey D. Stemerick, Taft Stettinius & Hollister LLP.
- 10.26.2015Volkswagen Engages U.S. Firms for Help Amid Emissions Scandal
Volkswagen is embroiled in a scandal regarding the "manipulation of emissions data of diesel engines." News reports indicate that it has hired Kirkland & Ellis to assist it in responding to these claims.
- 10.07.2015Land and Water Conservation Fund Set to Expire
On Thursday, October 8, the Land and Water Conservation Fund is set to expire. Read more here.
- 09.23.2015Green Legal Applications Due October 3
Applications for the 2015 Green Legal initiative are due on October 3. Click here for more information.
- 09.10.2015IDEM Seeks Public Comments on Draft Nonrule Policy Documents
IDEM has published three nonrule policy documents to its webpage. Environmental practitioners and their clients are encouraged to review the documents and provide any comments or questions to IDEM.
- 09.09.2015Go Green and Be Seen!
Applications for the Green Legal initiative are being accepted through October 3. Learn more here.
- 08.26.2015EPA Report: Action Now Avoids Climate Change Damages Later
The U.S. Environmental Protection Agency released a report this summer that details how action now can save lives and avoid significant climate change damages later. Learn more here.
- 08.14.2015EPA’s Clean Power Plan Rules Finalized; Indiana & Others Seek Emergency Stay to Block Implementation
On August 3, 2015, the EPA released its final rule to regulate Carbon Dioxide emissions from existing power plants. This final rule is commonly referred to as the Clean Power Plan. Read more about the plan and Indiana's response here.
- 08.04.2015Message from the Chair: The Latest Section Updates
Check out this post for the latest news and updates straight from section chair Jeffrey D. Stemerick of Taft Stettinius & Hollister LLP.
- 07.14.2015Questions Raised About EPA Draft Study on Fracking
Recently, the U.S. Environmental Protection Agency released a preliminary draft of its multi-year study assessing the potential impact on drinking water resources of hydraulic fracturing for oil and gas. Click here to read more.
- 06.29.2015Upcoming CLE: Effective Use of Experts in Construction Disputes
On Wednesday, July 29 from 8:30 a.m. to noon the IndyBar will host Effective Use of Experts in Construction Debates, which features eight leading legal professionals from around the region. Click here for more information.
- 06.15.2015Gov. Pence Statement on State of West Virginia et al v. Environmental Protection Agency Ruling
On Tuesday, June 9, the U.S. Court of Appeals for the District of Columbia Circuit dismissed State of West Virginia et al v. Environmental Protection Agency. Indiana was one of 14 petitioners in the case. Click here for Gov. Pence's statement.
- 06.05.2015D.C. Circuit Sides With EPA on Air Pollution Appeal
On Tuesday, June 2, the U.S. Court of Appeals for the D.C. Circuit rejected challenges to the US EPA’s powers regarding ozone pollution. Click here for more information.
- 06.04.2015EPA's New Clean Water Rule
Check out this post for a helpful guide on what's in the new EPA Clean Water Rule, which was issued Wednesday, May 27.
- 05.20.2015Improve Readability by Limiting Abbreviations
Check out this post for tips on making your briefs more reader friendly for judges without specific environmental law knowledge.
- 05.13.2015Brownfield Environmental Consulting Issues Request for Qualifications
The Indiana Brownfields Program, on behalf of the Indiana Finance Authority, recently issued a Request for Qualifications. Responses are due June 5, 2015. See this post for more information.
- 05.05.2015Message from the Chair: The Latest Section Updates
Check out this post for the latest Environmental Law Section updates straight from section chair Jeffrey Stemerick of Taft Stettinius & Hollister LLP.
- 04.23.2015ILR Blog: The Dreaded Pre-Tender Issue
The Indiana Law Review Blog recently published an article that encourages Indiana courts to reconsider whether pre-tender costs are recoverable.
- 04.23.2015You're Invited: Meet and Greet with Judge Timothy Oakes
Environmental Section members are cordially invited to an informal meet and greet with soon-to-be Marion Superior Court Environmental Court Judge Timothy Oakes and the Civil 2 court staff on Monday, May 4 at noon.
- 04.08.2015Upcoming CLE: Supreme Court Environmental Round Up and Spring Social
We hope you are able to join us next week for our first event of the year, the Supreme Court Environmental Round Up and Spring Social, on Thursday, April 16 from 4 to 6 p.m. at the Rathskeller.
- 04.02.2015Indiana Court of Appeals Reaffirms Insurance Coverage Available for Abandoned Foundry Sand Claim
On March 11, the Indiana Court of Appeals reaffirmed its prior decision in FLM, LLC v. Cincinnati Ins. Co., concluding for the second time that insurance coverage was available in an environmental case.
- 03.12.2015Indiana Supreme Court Takes Environmental Contamination Appeal
Environmental and insurance coverage practitioners will be following a case now pending before the Indiana Supreme Court. Find out more in this post.
- 03.10.2015Unfair Claims Practices Case Affirmed by Court of Appeals
The Kentucky Court of Appeals recently affirmed a $3.4 million judgment in an unfair claims practices case. Find out more in this post.
- 03.05.2015Office of Environmental Adjudication Seeks Participants for Work Group
The OEA would like to convene a work group to discuss procedural efficiencies as to how they can better serve the parties to each case. See this post for more information.
- 03.05.2015Legislation for Economic Development Funding Reduced
Legislation aimed at funding economic development was reduced recently. Check out this article for more information.
- 02.19.2015Nominations for 2015 Governor's Awards for Environmental Excellence Now Open
The Indiana Department of Environmental Management is seeking nominations for the 2015 Governor's Awards for Environmental Excellence. Check out this post for more information.
- 02.12.2015New OSHA Regulations Effective March 1, 2015
Check out this post for more information on OSHA regulations that will become effective on March 1, 2015.
- 01.29.2015The Effects of Falling Oil Prices
Lower gas prices are a perk, but what are some of the other effects of falling oil prices? Check out this post for more.
- 12.16.2014Marijuana Legalization and the Environment
Check out this post for one attorney's take on the legalization of marijuana's effects on the environment.
- 12.11.2014U.S. EPA Tolls Cross-State Air Pollution Control Rule (CSAPR) Compliance Deadlines
On Dec. 3, the EPA published an interim final rule with a request for comment concerning the tolling of the Cross-State Air Pollution Control Rule compliance deadlines by three years. See this post for more.