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Overreaching U.S. EPA Defeated by Neighbors’ State Claims

The U.S. Supreme Court’s April 20, 2020, decision in Atlantic Richfield Co. v. Christian held that a group of 98 Montana property owners neighboring a closed copper smelter were permitted recovery under State law and under Federal law.

Headshot photo of KDDK attorney Kent A "KAB" Brasseale I...												</p>
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Dealing with Water Drainage Issues: Liability and Immunity

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 l...

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Indiana Court of Appeals Issues WOTUS-related Dam Ruling

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 g...

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Natural Resource Bill Sets Stage for Property Rights, Public Resources Debate

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 rem...

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Supreme Court’s “Water of the U.S.” Ruling Means Continued Uncertainty

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 Natio...

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KDDK Attorneys Included in The Best Lawyers in America© 2018

[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 an...

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More Coherent Federal Waters Definition Proposed by EPA

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 ...

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KDDK Hosting FREE Environmental and Commercial Real Estate Law Seminar Friday, May 12, 2017


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, pu...

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EPA’s Mercury Rule in Limbo After D.C. Circuit Order

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 R...

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