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By : KAB Brasseale

Natural Resource Bill Sets Stage for Property Rights, Public Resources Debate

A Republican-sponsored bill circulating through the 2018 Indiana General Assembly aims to restrict local governments from regulating the development of natural resources on private property.  “Natural resources,” as defined by HB 1289, includes the extraction of mineral resources and the sale or rem...

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Supreme Court’s “Water of the U.S.” Ruling Means Continued Uncertainty

In a decision that could open courts up to future litigation, the United States Supreme Court unanimously ruled last week that federal district courts have jurisdiction to hear challenges to rules regarding the definition of “waters of the United States.” The Supreme Court’s decision in Natio...

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More Coherent Federal Waters Definition Proposed by EPA

This past Tuesday, the U.S. Environmental Protection Agency (EPA), Department of Army, and Army Corps of Engineers proposed a repeal of the controversial 2015 federal waters rule covered by the Clean Water Act. As we have previously reported in blogs and seminars, this very controversial prior rule ...

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Court Awards $23 Million for Failure to Release Expired Oil and Gas Lease

Last Friday (June 2, 1017), Louisiana’s Second Circuit Court of Appeals affirmed the lower court’s award of more than $23 million, plus attorney fees, to Gloria’s Ranch, LLC, for damages incurred by the defendants' refusal to release their oil and gas lease after it expired according to its terms in...

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EPA’s Mercury Rule in Limbo After D.C. Circuit Order

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 R...

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“No More Stringent Than” Bill Back in the Spotlight

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 l...

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Insurance Coverage Does Not Extend To Known Environmental Conditions

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). ...

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