This month, the Biden Administration announced a new plan to combat per- and poly-fluoroalkyl substances (PFAS) contamination. As part of this plan, the Environmental Protection Agency (EPA) launched a “PFAS Roadmap,” which lays out a three-year comprehensive agency approach to addressing PFAS. The program will focus on three areas: (1) research; (2) regulate; and (3) remediate. 

This month, the Biden Administration announced a new plan to combat per- and poly-fluoroalkyl substances (PFAS) contamination. As part of this plan, the Environmental Protection Agency (EPA) launched a “PFAS Roadmap,” which lays out a three-year comprehensive agency approach to addressing PFAS. The program will focus on three areas: (1) research; (2) regulate; and (3) remediate. 

Please join us in welcoming the Office of Environmental Adjudication’s (OEA) Environmental Law Judge, Lori Kyle Endris, JD, CHP, on her return to OEA. She has been an attorney for 30 years with a practice concentrated in environmental law.

Please join us in welcoming the Office of Environmental Adjudication’s (OEA) Environmental Law Judge, Lori Kyle Endris, JD, CHP, on her return to OEA. She has been an attorney for 30 years with a practice concentrated in environmental law.

Recently, the EPA announced a proposed rule that would “require the control, capture, and/or destruction” of a HFC-23, a hydrofluorocarbon byproduct that the EPA described as a “very potent greenhouse gas.” 86 Fed. Reg. 53916. HFC-23 is produced in the manufacture of HCFC-22, commonly known as Freon, which was widely used as a refrigerant and coolant. 

Recently, the EPA announced a proposed rule that would “require the control, capture, and/or destruction” of a HFC-23, a hydrofluorocarbon byproduct that the EPA described as a “very potent greenhouse gas.” 86 Fed. Reg. 53916. HFC-23 is produced in the manufacture of HCFC-22, commonly known as Freon, which was widely used as a refrigerant and coolant. 

In Bullock Oil Company, Inc. v. IDEM, cause no. 49D13-2012-PL-043922 (September 21, 2021), Judge James A. Joven of Marion Superior Court, Civil Division 13, issued an opinion resolving claims made by Bullock Oil under Indiana’s Excess Liability Trust Fund (ELTF) statute and regulations.

In Bullock Oil Company, Inc. v. IDEM, cause no. 49D13-2012-PL-043922 (September 21, 2021), Judge James A. Joven of Marion Superior Court, Civil Division 13, issued an opinion resolving claims made by Bullock Oil under Indiana’s Excess Liability Trust Fund (ELTF) statute and regulations.

Recently, the U.S. Court of Appeals for the Eighth Circuit upheld, in part, an Iowa law prohibiting “Agricultural Production Facility Fraud.” In relevant part, the law made it a misdemeanor for any person to willfully “[o]btain[] access to an agricultural production facility by false pretenses” (the “access provision”) or “[m]ake[] a false statement or representation as part of an employment application or agreement to be employed at an agricultural production facility” (the “employment provision.”). Indiana attempted to pass similar, though not identical, laws in 2012, 2013, and 2014, but none passed due to opposition and First Amendment concerns. The Eighth Circuit’s decision may prompt the General Assembly to revisit those proposals. 

Recently, the U.S. Court of Appeals for the Eighth Circuit upheld, in part, an Iowa law prohibiting “Agricultural Production Facility Fraud.” In relevant part, the law made it a misdemeanor for any person to willfully “[o]btain[] access to an agricultural production facility by false pretenses” (the “access provision”) or “[m]ake[] a false statement or representation as part of an employment application or agreement to be employed at an agricultural production facility” (the “employment provision.”). Indiana attempted to pass similar, though not identical, laws in 2012, 2013, and 2014, but none passed due to opposition and First Amendment concerns. The Eighth Circuit’s decision may prompt the General Assembly to revisit those proposals.