Category

Environmental
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...
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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...
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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...
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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...
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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...
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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...
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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,...
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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...
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(EVANSVILLE, Ind.) – November 1, 2013 – Kahn, Dees, Donovan & Kahn, LLP (KDDK) – an experienced full-service civil law firm dedicated to effectively serving the legal needs of clients for more than 105 years – has been recognized as one of the “Best Law Firms” for 2014 by U.S. News & World Report (U.S....
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Source:  Economic Development Coalition of Southwest Indiana The Economic Development Coalition of Southwest Indiana will be hosting a free workshop on Thursday, September 26, 2013, conducted by the Technical Assistance to Brownfields Program (TAB) at Kansas State University to help communities learn about Brownfield properties and how to fund successful redevelopments through different available resources....
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