On March 12, 2025, U.S. Environmental Protection Agency (“U.S. EPA”) Administrator Lee Zeldin announced that the agency will undertake 31 deregulatory actions to advance President Donald Trump’s Day One executive orders and U.S. EPA’s “Powering the Great American Comeback” Initiative.

On March 12, 2025, U.S. Environmental Protection Agency (“U.S. EPA”) Administrator Lee Zeldin announced that the agency will undertake 31 deregulatory actions to advance President Donald Trump’s Day One executive orders and U.S. EPA’s “Powering the Great American Comeback” Initiative.

               Indiana’s Environmental Legal Action (ELA) Statute allows a person to bring a lawsuit against a person that “caused or contributed” to the release of a hazardous substance or petroleum that poses a risk to human health or the environment.  Ind. Code § 13-30-9-2.  The central requirement in an ELA claim is showing that the responsible party caused or contributed to the release.  The ELA statute does not define “caused or contributed.”  However, several Indiana cases discuss the actions that lead to liability under the ELA. 

               Indiana’s Environmental Legal Action (ELA) Statute allows a person to bring a lawsuit against a person that “caused or contributed” to the release of a hazardous substance or petroleum that poses a risk to human health or the environment.  Ind. Code § 13-30-9-2.  The central requirement in an ELA claim is showing that the responsible party caused or contributed to the release.  The ELA statute does not define “caused or contributed.”  However, several Indiana cases discuss the actions that lead to liability under the ELA. 

Congratulations to these IndyBar members on their accomplishments! Have something to share? Email Becca Lienemann to be featured. 

Matthew Neumann has joined Dentons in Indianapolis as a partner in the energy practice. Matt focuses on all aspects of energy and infrastructure projects, including project development, project finance and project M&A matters across varied industries, sectors and project types.

Arqeil Shaw has joined MCBC Law Firm, strengthening the firm's commitment to delivering top-tier legal services. Shaw brings extensive litigation experience and a passion for advocating for clients in complex legal matters. His experience will further enhance the firm's capabilities in serving businesses and individuals across the region.

Congratulations to these IndyBar members on their accomplishments! Have something to share? Email Becca Lienemann to be featured. 

Matthew Neumann has joined Dentons in Indianapolis as a partner in the energy practice. Matt focuses on all aspects of energy and infrastructure projects, including project development, project finance and project M&A matters across varied industries, sectors and project types.

Arqeil Shaw has joined MCBC Law Firm, strengthening the firm's commitment to delivering top-tier legal services. Shaw brings extensive litigation experience and a passion for advocating for clients in complex legal matters. His experience will further enhance the firm's capabilities in serving businesses and individuals across the region.

There are two non-insurance-related methods used to fund environmental cleanups and the requirements for each. 

(1) Indiana’s Environmental Legal Action Statute (Ind. Code 13-30-9).

The meaning of the ELA’s “cause or contributed” requirement. The ELA does not require proof of specific contaminating incidents. However, the ELA requires direct or circumstantial evidence that the defendant had some involvement with the contaminants or took an affirmative act that caused or contributed to the contamination.  Reed v. Reid, 980 N.E.2d 277, 289 (Ind. 2012); 5200 Keystone v. Filmcraft, 30 N.E.3d 5 *13 (Ind. Ct. App. 2015), Williams v. BorgWarner, 110 N.E.2d  1148, 1151 (Ind. Ct. App. 2018).

(2) Indiana’s Petroleum Orphan Tank Sites Initiative (POSI).

The POSI program established by Indiana’s Brownfields Program is available to private property owners. The POSI will pay for the UST removal, site characterization, and remediation to No Further Action status.

What are the requirements for POSI funding?

(a) Sites are identified by IDEM’s Office of Enforcement or the Leaking UST Program.

(b) Sites have no viable responsible party due to dissolution, being defunct or bankrupt, or have demonstrated an inability-to-pay verified by IDEM.

(c) Sites are effectively abandoned,

(d) Sites with a responsible party solely based on current ownership (e.g., inheritance), but the owner did not cause or contribute to the historic contamination.

To learn more about these topics, you can attend our section's upcoming CLE from noon to 1 p.m. on March 25 at IndyBarHQ. Click here to visit the registration page.

There are two non-insurance-related methods used to fund environmental cleanups and the requirements for each. 

(1) Indiana’s Environmental Legal Action Statute (Ind. Code 13-30-9).

The meaning of the ELA’s “cause or contributed” requirement. The ELA does not require proof of specific contaminating incidents. However, the ELA requires direct or circumstantial evidence that the defendant had some involvement with the contaminants or took an affirmative act that caused or contributed to the contamination.  Reed v. Reid, 980 N.E.2d 277, 289 (Ind. 2012); 5200 Keystone v. Filmcraft, 30 N.E.3d 5 *13 (Ind. Ct. App. 2015), Williams v. BorgWarner, 110 N.E.2d  1148, 1151 (Ind. Ct. App. 2018).

(2) Indiana’s Petroleum Orphan Tank Sites Initiative (POSI).

The POSI program established by Indiana’s Brownfields Program is available to private property owners. The POSI will pay for the UST removal, site characterization, and remediation to No Further Action status.

What are the requirements for POSI funding?

(a) Sites are identified by IDEM’s Office of Enforcement or the Leaking UST Program.

(b) Sites have no viable responsible party due to dissolution, being defunct or bankrupt, or have demonstrated an inability-to-pay verified by IDEM.

(c) Sites are effectively abandoned,

(d) Sites with a responsible party solely based on current ownership (e.g., inheritance), but the owner did not cause or contribute to the historic contamination.

To learn more about these topics, you can attend our section's upcoming CLE from noon to 1 p.m. on March 25 at IndyBarHQ. Click here to visit the registration page.