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...Read More

The impact that the Trump administration will have on the various governmental agencies is not yet known. However, the Trump administration will likely reduce the reach of the Environmental Protection Agency (“EPA”) and its regulations based on the promises made and actions undertaken to date. An article in BNA Environment Reporter indicates that the number...Read More

Kahn, Dees, Donovan & Kahn, LLP (KDDK) has been recognized as a leading law firm in the Evansville metropolitan area for several areas of law. It was announced today that KDDK achieved Metropolitan Tier 1 rankings for Closely Held Companies and Family Businesses Law, Labor Law-Management, and Real Estate Law, and Metropolitan Tier 2 rankings...Read More

Having worked on real estate development projects and served regional economic development agencies, we have heard many site selectors’ differing perspectives. However, those site selectors and their job-producing global clients repeat three (3) key points that owners, developers and their communities should heed in trying to attract their next major project. Data must be open....Read More

[vc_row][vc_column][vc_column_text] Get the Dirt on Soil, Air and Water:  Recent Developments in Environmental Law [/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”2/3″][vc_column_text]In this FREE two-hour seminar, property owners, business owners and operators, and commercial developers will hear from a panel of the region’s experienced environmental law attorneys about recent and expected developments of local impact such as: The Warren Buffet Effect...Read More

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