Clients and Matters

One of the Conservation Law Center's goals is to promote the development of more effective conservation law and policy. We make our work public whenever it does not conflict with confidentiality requirements. We will post public documents on this website as they become available.

Our Clients

ACRES

www.acreslandtrust.org

We have provided counsel on Indiana law relating to conservation organizations and property taxes.

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Alliance for the Great Lakes

www.greatlakes.org

The Indiana Department of Environmental Management, after past failed attempts at rulemaking, currently is in the process of promulgating regulations to implement antidegradation policies pursuant to the Clean Water Act. The agency has opened up the process to various stakeholder groups and CLC is working with environmental organizations in the region to assure that conservation interests are heard.

Documents

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Carolina Mountain Land Conservancy

www.carolinamountain.org

We have advised CMLC on its response to the demand of a receiver in a securities fraud matter that CMLC agree to the extinguishment of a donated conservation easement.

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Center for Biological Diversity

www.biologicaldiversity.org

The CLC provided CBD with legal advice on ground water issues.

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Central Indiana Land Trust, Inc.

www.cilti.org

We have advised CILTI on the implications for its work of Indiana law regarding marketable title for real property.

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Citizens Action Coalition of Indiana

www.citact.org

CLC is representing STV in litigation in the case of IKEC v. Citizens Groups.

Documents

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Counsel to Government Agencies

We have advised Indiana government agencies on land conservation issues ranging from marketable title to carbon mitigation.

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Ducks Unlimited

www.ducksunlimited.com

We have advised Ducks Unlimited on conservation issues with respect to property ownership.

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Friends of Patoka River National Wildlife Refuge

We have helped this group incorporate as a nonprofit organization and file for tax-exempt 501(c)(3) status, and continue to advise the group on the day-to-day governance of an environmentally-oriented charitable organization.

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George Rogers Clark Land Trust

www.clarkswcd.org

We drafted the articles and bylaws for this new southern Indiana land trust, and provided a model conservation easement for its use. We expect to help GRCLT prepare its application for federal determination of tax status.

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Great Lakes Protection Fund

www.glpf.org

We have provided research regarding certain provisions of the wildlife laws of Great Lakes states, the supremacy clause of the U.S. Constitution, financial responsibility and surety statutes, certain aspects of insurance law, and the law governing the Saint Lawrence Seaway.

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Great Lakes United

www.glu.org

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Hoosier Environmental Council

www.hecweb.org

We have provided research support and legal advice to HEC on a number of issues relating to water quality. Currently, the CLC is providing legal support to HEC in an Indiana rulemaking that will change the way Confined Animal Feeding Operations - or factory farms - are regulated. CLC is also representing HEC in litigation in the case of IKEC v. Citizens Groups (See Citizens Action Coalition of Indiana to view documents).

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Indiana Land Protection Alliance

www.indianalandtrusts.org

We provided counsel on the creation of by-laws and created a model conservation easement.

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Land Trust Alliance

www.lta.org

The U.S. Congress, in the Energy Policy Act of 2005, delegated to electric utility companies the authority to acquire a right-of-way within a designated National Interest Electric Transmission Corridor by the exercise of eminent domain. This eminent domain authority poses a threat to private conservation land interests such as conservation easements. CLC analyzed the extent to which conservation easements held or co-held by private land trusts may be resistant to this eminent domain authority, by virtue of partnerships with governmental entities or other mechanisms. CLC also assisted LTA by conducting an "ask-an-attorney" call for Indiana land trusts and prepared a fact sheet for the Revised Form 990.

Documents

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National Speleological Society

We provided counsel on certain aspects of Indiana's non profit corporations law.

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City of Oakland City

At the City's request, we provided draft ordinances for its consideration.

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Ozark Regional Land Trust

www.orlt.org

We provide ongoing legal support to the Ozark Regional Land Trust, including review of conservation easement agreements and related documents, research of pertinent laws and legal standards, and advice on conservation strategies.

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Sycamore Land Trust

www.sycamorelandtrust.org

We have provided counsel for the Sycamore Land Trust in many matters, ranging from the application of CERCLA to the implications of certain provisions in the Federal Tax Code.

Some landowners who donate conservation easements to land trusts want to retain the right to extract timber from the underlying land. CLC drafted a model sustainable forestry conservation easement intended to maintain the conservation values on properties with high quality forests.

Document

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Save The River

www.savetheriver.org

The spring opening date for shipping on the Saint Lawrence Seaway is set by the Saint Lawrence Seaway Development Corporation (SLSDC). Ice breaking may accompany the opening, depending on how early the date is set. Save The River seeks to promote an spring ice breaking policy that protects the delicate ecosystem of the Upper Saint Lawrence River from ship wakes and scouring damage.

CLC assisted STR in preparing a rulemaking petition to the SLSDC, asking the agency to begin a notice and comment rulemaking on the process and criteria it uses to establish the spring opening date of the Seaway. CLC also assisted STR with a FOIA appeal to the SLSDC.

Documents

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Save the Valley

www.savingthevalley.org

CLC is representing STV in litigation in the case of IKEC v. Citizens Groups. See Citizens Action Coalition of Indiana to view documents. (LINK)

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Southern Indiana Cooperative Weed Management Area

www.fs.fed.us/r9/hoosier/docs/plants/sicwma.htm

Cooperative weed management areas are local organizations that provide a mechanism for sharing invasive plant management resources across jurisdictional boundaries to prevent and control invasive plants. The Southern Indiana Cooperative Weed Management Area (SICWMA) covers 36 counties with similar terrain, soil, climate, and threats from invasive species.

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The Nature Conservancy

www.nature.org/indiana

We have provided counsel on several matters, ranging from the implications for conservation of certain Indiana laws to certain aspects of the law of conservation easements.

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Three Valley Conservation Trust

www.3vct.org

The CLC provided counsel to Three Valley Conservation Trust regarding federal tax law of conservation easements.

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Wabash River Heritage Corridor Commission

www.in.gov/wrhcc

We have provided counsel on matters relating to the Indiana statute that established the commission and specifies the manner in which it is to be funded, governed, and supported.

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Additional Projects and Writings

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Conservation Law Center
116 South Indiana Avenue
Bloomington, Indiana 47408
admin@conservationlawcenter.org