Recently, the Court of Appeals of Indiana issued a unanimous decision regarding the statute of limitations governing an environmental legal action. The case involved the City of Elkhart ’s remediation of a site once owned and operated by the Elkhart Foundry & Machine Co. The Foundry had operated at the site from the early 1900s until it went out of business in 2004. In 2007, Elkhart became interested in purchasing the site and learned it was contaminated. In 2010, Elkhart bought the property and began remediating it. In 2016, Elkhart filed a cost recovery action against the Foundry. Elkhart’s suit included (1) an ELA claim; (2) a “mini-CERCLA” claim; and (3) a nuisance claim. The Foundry moved for summary judgment on all claims. The trial court granted summary judgment to the Foundry on Elkhart’s “mini-CERCLA” and nuisance claims but denied it as to the ELA. Both parties appealed the trial court’s ruling.

The Supreme Court of the United States began its new term with eight justices on October 1, as Brett Kavanaugh’s confirmation was still up in the air at the time. The first case the justices heard involved a dispute between private property rights and the U.S. Fish and Wildlife Service’s efforts to protect the dusky gopher frog.

By 1970, Congress mandated the establishment of national air quality standards that each state would be primarily responsible for implementing, maintaining and enforcing. Since then, the federal government and the states have worked together to establish a carefully planned network of monitoring.

Presently, this rule is pending review by the State Budget Agency (SBA). The NRC will schedule a public hearing if the rule is received favorably by SBA. The rulemaking docket will be updated periodically as the rule progresses through the process. 

Being green is bringing green to a handful of law firms. “Sustainable,” “green” and “socially responsible” aren’t buzzwords typically equated with law firms. But attorneys around the country are using their sustainable efforts to draw business by attracting clients seeking lawyers who embrace this greener lifestyle.

The US Fish and Wildlife Service (FWS) and the National Oceanic Atmospheric Administration (NOAA) Fisheries, two federal agencies charged with administering the Endangered Species Act (ESA or Act), recently announced major revisions to the regulations implementing the Act.

Ten years ago, billions of gallons of toxic sludge spilled from a plant in Tennessee and set in motion a chain of events that would lead to first-ever federal regulations on the ash produced from coal-fired power plants. 

During his time on the Court of Appeals, Judge Brett Kavanaugh has been highly skeptical of the United States Environmental Protection Agency’s regulatory reach. 

Alert your gas station owner and operator clients about the five most cited violations. In 2017, inspectors from IDEM’s Underground Storage Tank (UST) branch found five common violations at petroleum UST facilities. In addition to the tips provided by IDEM, keep these topics in mind during the buying and selling of a property with a UST. 

On June 4, IDEM issued an important notice regarding reimbursement from the Excess Liability Trust Fund (ELTF) and plans for a future electronic system for submitting documents to the Underground Storage Tank (UST) program. Noteworthy is that ELTF reimbursement will be suspended on sites that have inconsistencies among the various UST documents (UST notification forms, LUST correspondence, and ELTF applications including any assignment of rights). IDEM will notify any affected party.