The Environmental Section of the Indianapolis Bar Association congratulates Commissioner Rockensuess and our members look forward to working with him.

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This month, the Biden Administration announced a new plan to combat per- and poly-fluoroalkyl substances (PFAS) contamination. As part of this plan, the Environmental Protection Agency (EPA) launched a “PFAS Roadmap,” which lays out a three-year comprehensive agency approach to addressing PFAS. The program will focus on three areas: (1) research; (2) regulate; and (3) remediate. 

Please join us in welcoming the Office of Environmental Adjudication’s (OEA) Environmental Law Judge, Lori Kyle Endris, JD, CHP, on her return to OEA. She has been an attorney for 30 years with a practice concentrated in environmental law.

Recently, the EPA announced a proposed rule that would “require the control, capture, and/or destruction” of a HFC-23, a hydrofluorocarbon byproduct that the EPA described as a “very potent greenhouse gas.” 86 Fed. Reg. 53916. HFC-23 is produced in the manufacture of HCFC-22, commonly known as Freon, which was widely used as a refrigerant and coolant. 

In Bullock Oil Company, Inc. v. IDEM, cause no. 49D13-2012-PL-043922 (September 21, 2021), Judge James A. Joven of Marion Superior Court, Civil Division 13, issued an opinion resolving claims made by Bullock Oil under Indiana’s Excess Liability Trust Fund (ELTF) statute and regulations.

Recently, the U.S. Court of Appeals for the Eighth Circuit upheld, in part, an Iowa law prohibiting “Agricultural Production Facility Fraud.” In relevant part, the law made it a misdemeanor for any person to willfully “[o]btain[] access to an agricultural production facility by false pretenses” (the “access provision”) or “[m]ake[] a false statement or representation as part of an employment application or agreement to be employed at an agricultural production facility” (the “employment provision.”). Indiana attempted to pass similar, though not identical, laws in 2012, 2013, and 2014, but none passed due to opposition and First Amendment concerns. The Eighth Circuit’s decision may prompt the General Assembly to revisit those proposals. 

The US Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) recently announced that it will soon propose new, more stringent fuel economy standards for automobiles. NHTSA will propose an increase in fuel efficiency of eight percent annually for model years 2024 through 2026 and will propose increasing the fleet-wide average by 12 miles per gallon for model year 2026, as compared to the current standard. 

Recently, the Environmental Protection Agency (EPA) announced a proposed rule that would “require the control, capture, and/or destruction” of a HFC-23, a hydrofluorocarbon byproduct that the EPA described as a “very potent greenhouse gas.” 86 Fed. Reg. 53916. HFC-23 is produced in the manufacture of HCFC-22, commonly known as Freon, which was widely used as a refrigerant and coolant. 

While it’s our goal year-round to make you, IndyBar members, more profitable and productive in your practice, we’re taking extra care during the month of September to show you how much we appreciate you!