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ELA
SCOTUS decision in Atlantic Richfield Co. v. Christian is especially beneficial to similar Indiana neighboring property owners, because Indiana’s owner-friendly Environment Legal Action (ELA) statute allows neighbors added recovery under a less burdensome process, versus the common law nuisance process the Montana property owners endured.
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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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