Category

Environmental
SCOTUS decision in Atlantic Richfield Co. v. Christian is especially beneficial to similar Indiana neighboring property owners, because Indiana’s owner-friendly Environment Legal Action (ELA) statute allows neighbors added recovery under a less burdensome process, versus the common law nuisance process the Montana property owners endured.
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Kent A. “KAB” Brasseale II has been named a Co-Managing Partner of Kahn, Dees, Donovan & Kahn, LLP (KDDK), an experienced full-service law firm dedicated to effectively serving the legal needs of clients since 1908. KAB joins KDDK Co-Managing Partners Jeffrey K. Helfrich and Mark S. Samila. He succeeds Partner Brian P. Williams, who has...
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Water drainage problems are a common headache for many property owners.  Oftentimes, a landowner’s rights to improve their own land may come at the expense of a neighboring property owner.  If someone else has caused water to flood or improperly drain on your property, you may have a right to seek legal action.  On the...
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As referenced in our prior blogs and seminars, there has been much discussion and litigation involving the scope of the “Water of the United States” definition, and the jurisdictional authority of the federal courts to hear challenges to the definition. Challenges to jurisdictional authority of governmental entities over waterways also exist on the state level...
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A Republican-sponsored bill circulating through the 2018 Indiana General Assembly aims to restrict local governments from regulating the development of natural resources on private property.  “Natural resources,” as defined by HB 1289, includes the extraction of mineral resources and the sale or removal of merchantable timber.  Recent amendments added to the bill last week, however,...
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In a decision that could open courts up to future litigation, the United States Supreme Court unanimously ruled last week that federal district courts have jurisdiction to hear challenges to rules regarding the definition of “waters of the United States.” The Supreme Court’s decision in National Association of Manufacturers v. Department of Defense held that...
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[vc_row][vc_column][vc_column_text]Kahn, Dees, Donovan & Kahn, LLP (KDDK) is pleased to announce that several KDDK attorneys have been selected by their peers for inclusion in The Best Lawyers in America© 2018 in recognition of their work in labor and employment law, labor and employment litigation, economic development law, real estate law, land use and zoning law,...
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This past Tuesday, the U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers proposed a repeal of the controversial 2015 federal waters rule covered by the Clean Water Act. As we have previously reported in blogs and seminars, this very controversial prior rule encompassed management of rivers, streams, wetlands, and other...
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[vc_row][vc_column][vc_column_text] New Leader, New Rules: The President Trump White House and impactful environmental and commercial real estate law developments [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_column_text]Whether you’re involved in the design, purchase, sale, lease, construction, redevelopment, or remediation of commercial property, the stakes are too high to not be in compliance with the latest rules and regulations. In this FREE...
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Last Thursday, the D.C. Circuit granted the Environmental Protection Agency (EPA)’s motion to delay oral arguments scheduled on May 18 for litigation filed by an assortment of coal producing companies, which are challenging the agency’s “Supplemental Finding That It Is Appropriate and Necessary To Regulate Hazardous Air Pollutants From Coal and Oil Fired Electric Utility...
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