“No More Stringent Than” Bill Back in the Spotlight

In the ongoing struggle between the State of Indiana and the Indiana Department of Environmental Management (“IDEM”), the Indiana House of Representatives has again come forward with a plan to limit IDEM’s ability to regulate state and local environmental policy beyond that required at the federal level.

Specifically, House Bill No. 1082, often referred to as the “No More Stringent Than” bill, seeks to prohibit IDEM from enforcing a state rule or standard “that is more stringent than a corresponding regulation or standard established under federal law unless specific statutory authority is granted to [IDEM]…” The proposed bill is available here.

Proponents of the proposed bill contend that it will create greater certainty for businesses while reducing regulatory costs. Supporters also contend it will more properly rest the responsibility of setting environmental policy with the Indiana General Assembly rather than an unaccountable administrative agency, such as IDEM.

Conversely, opponents of the bill point to localized incidents, as in Flint, Michigan, and argue that not allowing IDEM to address local pollution via “more stringent than” federal government standards leaves Indiana at risk.

The proposed bill recently made its way out of the Indiana House of Representatives, where it was approved by a vote of 64-33, and is now pending before the Indiana Senate. Considering the significant impact that this proposed bill may have on local businesses, we will continue to keep track of this important environmental issue and provide updates as necessary.

For more information about this proposed bill, please contact Indiana environmental law attorney KAB Brasseale at (812) 423-3183 or kbrasseale@KDDK.com; or contact any member of the KDDK Environmental Law Practice Team. Our attorneys take pride in professionally and cost-effectively steering our clients through the environmental due diligence, site investigation and remediation process.

About the Author

Kent A. (KAB) Brasseale II

With a degree in Chemical Engineering and more than 20 years’ experience practicing law, KAB Brasseale, is equipped with the skills and knowledge to efficiently and effectively represent clients in environmental, mineral, intellectual property, construction, business and real estate matters. KAB takes the time to understand his clients’ needs and objectives. KAB’s experience, combined with his active service in civic and professional organizations and as a real estate licensing instructor, have yielded the skills to achieve efficient “win-win” results.

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