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

(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....Read More

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....Read More

The experienced KDDK Environmental Law Practice Team will address topics such as: How to protect your business from enforcement actions, New real estate innocent purchaser due diligence standards, Permitting requirements, Obtaining third-party funding for clean-ups, RCRA and cradle-to-grave waste stream liability, and More new environmental law developments. When: Thursday, August 15, 2013 7:30 a.m.:  Registration...Read More

Last updated in 2005, the ASTM E 1527 Standard for Phase I Environmental Site Assessment (“ESA”) is due for renewal under the eight-year ASTM cycle, and is on schedule to be finalized in the next few months. The new ASTM E 1527 Standard is said to better correlate with the EPA’s All Appropriate Inquiry Rule published...Read More

A recent decision from the Indiana Court of Appeals illustrates the importance of using unambiguous language in release agreements with insurance companies, especially in cases involving coverage for cleanup of environmental contamination. In United States Fidelity and Guaranty Company v. Warsaw Chemical Company, Inc., 49A04-1203-CT-97, the Court reversed a $417,953.00 judgment in favor of Warsaw...Read More