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.

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 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. 

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.

It happens; amidst year-end close of business, holiday festivities, travel, and time with family, you’re just a few credit hours shy of that three-year requirement. IndyBar stands ready to serve your needs with the largest collection of Indiana-specific on-demand seminars, all taught by local attorneys and competitively priced at $55.50 per credit hour for IndyBar members ($110.50 for non-members). And, for those of you who missed our catalog of free one-hour programming, you’re in luck! 45 programs are available at the free for members rate. Our ever-growing catalog features many unique, one-hour programs. From inspiring and informative ethics seminars to classic legal updates, to bundles of seminars specific to practice areas. Keeping your needs in mind, we recently updated to a brand-new platform for our on-demand catalog, SeminarWeb! All of our on-demand ethics programs, educational programs, and bundled content can now be found at www.indybar.org/cle. The perfect way to productively use those hours where the cold has kept you indoors, our vast catalog of on-demand programming is only a click away.

Indiana attorneys are required to obtain 3.0 hours of ethics credit during their three-year cycle. The IndyBar On-Demand Catalog houses more than 30 different ethics credit courses. Depression and Attorneys: Real Stories & Advice is one of the most highly viewed seminars in our catalog. During this program, presenters engage in an open and honest discussion about the realities of attorney life. Experienced lawyers from diverse backgrounds share their stories of how they triumphed over obstacles and navigated the demands of their legal practice. Viewers are provided an opportunity to learn how to recognize early warning signs and embrace effective coping strategies for managing stress in the legal profession. This program was so popular that we invited more attorneys to share their stories and advice at a second seminar: Depression and Attorneys: New Stories and Real Advice. Both are available in our on-demand catalog. As we face the winter blues, why not fulfil some of your educational requirements by watching a program that’s also good for your well-being?

You can also earn ethics credit diversity-focused programming. One standout option is Cultural Competence in ADR, available in our online catalog. This seminar features accomplished mediators including Nakeina Cane of Cane Legal Group LLC, Lee Christie from Christie Farrell Lee & Bell PC, Norris Cunningham of Stoll Kennon Ogden PLLC, and Mark Metzger of Metzger Rosta LLP. Together, they discuss the essential elements of cultural competence, offering practical tools to navigate diverse backgrounds and ensure effective communication in mediation and arbitration. Don’t miss this opportunity to enhance your skills, broaden your perspective, and foster more inclusion and effective dispute resolution practices.

In the mood from some true crime content? Horrors of the Circle City, filmed on Halloween (of course), dives into the chilling case of Herb Baumeister, an Indianapolis man infamously known for targeting gay men in the 1990s—a story that has captured attention on numerous serial killer podcasts. This seminar not only examines his disturbing crimes but also sheds light on the unique vulnerabilities faced by LGBTQ+ individuals and the complexities of seeking justice for victims within this community. Sign up to view this gripping exploration of true crime and its deeper social implications—an eye-opening journey into justice and advocacy for marginalized communities.

Finding multiple hours of content based on practice area is a breeze with IndyBar’s bundled programming. Seminars have been grouped together in a variety of subject matters including Artificial Intelligence, Mediation, Business Law and more! These CLE videos have been carefully curated to fit the needs of any busy attorney. You can find them at www.indybar.org/clebundles.  

All IndyBar on-demand programs are accessible for 30 days after purchase and can be completed at your leisure. As an added convenience, viewers don’t have to send in a signed affidavit. Once a program has been viewed in its entirety, IndyBar staff will confirm and report all credits earned within 10 days of completion directly to the Indiana Commission for Admissions and Legal Education. To confirm CLE credit has been reported, attorneys may check their official transcript on the Indiana Courts Portal.

Choose your programming today at www.indybar.org/cle! 
 

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.

As the new year approaches, many attorneys take time to reflect on their careers and think about what's next. Whether you're interested in exploring a new practice area, looking for a better work-life balance, or simply ready for a change, the Indianapolis Bar Association (IndyBar) Job Bank is a great resource to help you make your next move.

On November 21, 2024, the Environmental Law Section will present a CLE on the first major environmental case before the Supreme Court of the United States following the Loper Bright decision last year overruling Chevron deference. The case is San Francisco v. EPA, No. 23-753 (Argued Oct. 16, 2024).