Join us June 11-13 in French Lick for Bench Bar 2026, where members of the bench and bar come together for CLE, networking, and meaningful professional connection. This year’s program features keynote presentations from Super Bowl champion Gary Brackett on adaptability and David "DJ" Gross on practical AI skills, along with breakout sessions covering topics like digital assets, crimmigration, voir dire strategy, and judicial best practices. With opportunities to unwind through golf, pickleball, yoga, and evening social events, the conference blends practical learning with the chance to strengthen relationships across the legal community.

Learn more at indybar.org/benchbar.

Join us June 11-13 in French Lick for Bench Bar 2026, where members of the bench and bar come together for CLE, networking, and meaningful professional connection. This year’s program features keynote presentations from Super Bowl champion Gary Brackett on adaptability and David "DJ" Gross on practical AI skills, along with breakout sessions covering topics like digital assets, crimmigration, voir dire strategy, and judicial best practices. With opportunities to unwind through golf, pickleball, yoga, and evening social events, the conference blends practical learning with the chance to strengthen relationships across the legal community.

Learn more at indybar.org/benchbar.

In a move surprising to some, on September 17, 2025, the EPA announced it is retaining the rule designating two types of per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as CERCLA hazardous substances.[i] EPA published its final rule designating PFOA and PFOS on May 8, 2024, and the rule became effective on July 8, 2024.[ii] A court challenge to this final rule is pending in the U.S. Court of Appeals for the District of Columbia Circuit, but this article addresses the risks and opportunities EPA’s designation creates for Indiana companies and individuals.

In a move surprising to some, on September 17, 2025, the EPA announced it is retaining the rule designating two types of per- and polyfluoroalkyl substances (PFAS), perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), as CERCLA hazardous substances.[i] EPA published its final rule designating PFOA and PFOS on May 8, 2024, and the rule became effective on July 8, 2024.[ii] A court challenge to this final rule is pending in the U.S. Court of Appeals for the District of Columbia Circuit, but this article addresses the risks and opportunities EPA’s designation creates for Indiana companies and individuals.

On August 1, 2025, the United States Environmental Protection Agency (“EPA”), under the Trump administration, announced its proposed rule to repeal the 2009 Endangerment Finding issued under the Obama administration. This proposal comes after the EPA announced its decision to reconsider the Endangerment Finding back in March 12, 2025 and stems from a broader deregulatory approach launched by President Trump’s Executive Order “Unleashing American Energy.” This Order directs the EPA to reconsider the Endangerment Finding’s legality and applicability in light of concerns about regulatory burdens on energy affordability, job creation, and national security. 

On August 1, 2025, the United States Environmental Protection Agency (“EPA”), under the Trump administration, announced its proposed rule to repeal the 2009 Endangerment Finding issued under the Obama administration. This proposal comes after the EPA announced its decision to reconsider the Endangerment Finding back in March 12, 2025 and stems from a broader deregulatory approach launched by President Trump’s Executive Order “Unleashing American Energy.” This Order directs the EPA to reconsider the Endangerment Finding’s legality and applicability in light of concerns about regulatory burdens on energy affordability, job creation, and national security. 

               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. 

In case you missed it, IDEM announced that it has a new group of scientists, pulled from places outside the Office of Land Quality, to help with "settling technical disagreements" for Voluntary Remediation and State Cleanup Program sites.

Legislation aimed at funding economic development was reduced recently. Check out this article for more information.