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...Read More

The expanded definition of the “Waters of the United States” (“WOTUS”) as published in the Federal Register June 29, 2015, will become effective on August 28, 2015. Per EPA, this new rule is in response to the Supreme Court opinions regarding Clean Water Act jurisdiction, and is intended to provide clarity as to which waters are...Read More

In its decision handed down today, the Indiana Court of Appeals again affirmed that the common law “known loss” doctrine obviates an insurance company’s obligation to defend or indemnify its insured regarding remediation action required by the Indiana Department of Environmental Management (IDEM). We frequently stress to clients the importance of performing appropriate due diligence...Read More

The Indiana Environmental Legal Action Statute (“ELA”) gives parties the right to bring an action against a person or entity that caused or contributed to a release of hazardous substances or petroleum into the environment. When a landlord and tenant enter into a lease arrangement, environmental due diligence by each party is recommended prior to...Read More

At the end of December 2013, the updated ASTM International Standard for Phase I Environmental Site Assessments, ASTM E1527-13, was incorporated by the EPA into its All Appropriate Inquiries (“AAI”) rule.  Complying with EPA’s AAI rule is critical to one’s ability to assert the innocent landowner defense and/or to establish oneself as bonafide prospective purchaser...Read More

The Sierra Club recently lost a case against a utility company in which it alleged that particulate matter emanating from a Texas coal-fired power plant violated federal environmental laws. In Sierra Club v. Energy Future Holdings Corp., No. W-12-CV-108 (W.D. Tex. March 28, 2014), the United States District Court ruled against Sierra Club on all...Read More

A recent Indiana Court of Appeals decision has made it a little tougher for a former land owner to escape liability under Indiana’s Environmental Legal Actions statute (ELA).  On September 19, 2014, the Court of Appeals reversed a prior trial court’s grant of summary judgment in favor of a prior land owner, thus pulling them...Read More

Environmental legislation proposed during the 2014 Indiana Legislative Session was a shot across the bow to Indiana insureds. As originally introduced, HB1241, would have drastically impacted environmental insurance coverage in Indiana for all those holding title to real estate. The proposed legislation was an attempt to enforce the pollution exclusion clauses in Commercial General Liability policies in...Read More

In a case that may have implications on thousands of miles of former railroads that have since been converted to recreational trails, the U.S. Supreme Court issued a decision on March 10, 2014, in favor of the property owner and against the U.S. Government.  In Marvin M. Brandt Revocable Trust et al. v. United States,...Read More

KDDK environmental law attorneys Jeffrey W. Ahlers and Kent A. Brasseale II are participating in the Illinois Oil & Gas Association (IOGA) 2014 Annual Convention & Trade Show. Both IOGA members, Ahlers is experienced in handling mineral, oil and gas, and environmental litigation matters.  Brasseale, who also holds a chemical engineering degree, routinely handles matters involving environmental law and mineral, oil and...Read More