On May 4, 2023, Governor Holcomb signed Senate Bill 246 into law as Public Law 176, expanding both the types of tanks and scope of work eligible for the Excess Liability Trust Fund (“ELTF”). 

On May 11, 2023, the United States Supreme Court rejected a challenge to California’s Prop 12 law. Prop 12 was passed by the voters of California and prohibits the sale in California of pork products derived from breeding pigs raised in confinement in a “cruel manner,” regardless of what state those pigs came from. This Supreme Court decision has important implications for state environmental law.

The EPA is cracking down on per- and polyfluoroalkyl substances (PFAS), a ubiquitous family of chemicals that can be found everywhere from dairy farms and military bases to nonstick pans and food packaging.

The derailment of a Norfolk Southern train has remained in the national spotlight since the incident occurred on February 3, 2023. An overheated wheel bearing caused the train to derail, resulting in thirty-eight cars becoming derailed. Eleven of those cars were carrying hazardous chemicals.

On March 14, 2023, EPA proposed rulemaking to set drinking water limits under the National Primary Drinking Water Regulation for six PFAS including perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), perfluorononanoic acid (PFNA), hexafluoropropylene oxide dimer acid (HFPO-DA, commonly known as “GenX Chemicals”), perfluorohexane sulfonic acid (PFHxS), and perfluorobutane sulfonic acid (PFBS).

In its most recent rulemaking, EPA has adopted modified standards for satisfying the “all appropriate inquiry” requirement of the BFPP through ASTM E1527-21.

The Environmental Protection Agency (“EPA”) just announced it is establishing a new national office charged with advancing environmental justice (“EJ”) and civil rights.

This summer, the EPA proposed it would designate two of the most common per- and polyfluoroalkyl substances as “hazardous substances” under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The rulemaking would trigger reporting of PFOA and PFOS releases, providing improved data and the option to require cleanups and recover cleanup costs to protect public health and encourage better waste management.

Recently, the U.S. Court of Appeals for the Seventh Circuit issued an opinion ordering Liberty Insurance Underwriters, Inc. to pay defense costs incurred by USA Gymnastics, Inc. related to lawsuits and investigations arising from the conduct of Larry Nassar, who used his position with USAG to sexually assault numerous female athletes. USA Gymnastics v. Liberty Ins. Underwriters, Inc., No. 1:18-cv-01306-RLY-MPB (7th Cir., Aug. 16, 2022). This decision could be important to environmental attorneys involved in insurance coverage issues.

The IndyBar Environmental Law Section is hosting an interesting CLE event on August 25 at 4 p.m. The program will touch on the beneficial impacts of the redevelopment to the area and Judge James Joven will also provide a brief tour of the CJC and some insights into practicing in this new space.