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Hoosier Environmental Council Moves to Prevent Sewage Treatment Delays in Hammond

Environmental organization says further delays to the Hammond Sanitary District project threaten the health of Little Calumet River and fail to comply with the Clean Water Act.

Town of Ogden Dunes Abandons Plan to Build a Stone Revetment Along Lake Michigan’s Shoreline

After nearly two years of hard-fought litigation brought by Save the Dunes, the Town of Ogden Dunes announced it has “abandoned [its] project” to build a massive stone revetment along the Lake Michigan shoreline. Save the Dunes’ lawsuit challenged a permit issued by the Indiana Department of Natural Resources (“DNR”) to allow this project.

Advocates continue pushing back on AES discharges into White River near Martinsville

Hoosier Environmental Council is asking the Morgan County Circuit Court to overturn an administrative law judge’s order they say allows the utility to violate federal rules at Eagle Valley.

Indiana Environmental Group Sues the State for Allowing Powerplant to Keep Discharging its Coal Ash Laden Wastewater to the White River

Important water policy proposals drafted

CLC has drafted five policy proposals focused on PFAS regulation, wetland protection, and the establishment of an Indiana Water Authority.

New CAFO analysis tells us what we know and fear

A recent International Journal of Environmental Research and Public Health report on concentrated animal feeding operations (CAFOs) in the United States highlights a disturbing truth: large-scale industrial farming is poisoning our air, water and communities.

Without sound water policy, Indiana’s economic future is down the drain

Water, essential to all life on the planet, is an abundant resource in Indiana. This alone puts Indiana in a resilient position as we navigate toward a climate-changed future.

Water Advocacy Interview with Megan Freveletti, Nancy C. Ralston Graduate Fellow Attorney

Megan graduated from the University of Mississippi with a degree in International Studies and worked in her home state for the Illinois House of Representatives for two years before attending Indiana University’s Maurer School of Law. During law school Megan interned with the Conservation Law Center and after graduation, joined CLC as the Nancy C. Ralston Graduate Fellow Attorney.

Interview with Kacey Cook, Constance and Terry Marbach Conservation Attorney

Kacey’s career path in environmental law was charted during her time as a student in CLC’s Conservation Law Clinic at the IU Maurer School of Law. After graduating, Kacey served as Policy Specialist and Staff Attorney at Tip of the Mitt Watershed Council in Northern Michigan, where she collaborated with local communities to protect the area’s abundant freshwater resources. In 2022, she was invited to return to CLC, this time as the Constance and Terry Marbach Conservation Attorney.

Lake Superior Spaceport Plans Are Defeated

We are pleased to announce that the Powell Township Board has enacted an official “RESOLUTION” rejecting the plan by the Michigan Aerospace Manufacturers Association (MAMA) to rezone Granot Loma to build an industrial rocket launch site, finding under the Township Zoning Ordinance that it:

Brabson Family Foundation Provides Grant Support for CLC’s Conservation Easement Template Project

The CLC is proud to announce that the Brabson Family Foundation has continued to support our work with a grant of $20,000.

Macaw Recovery Network secures habitat for critically endangered Great Green Macaw

Macaw Recovery Network announces its first land purchase toward the restoration of habitat for the critically endangered Great Green Macaw. Its purchase of La Peninsula in northern Costa Rica will help save not only this magnificent bird but all forest wildlife that share its habitat.

Public interest vs. private homes: Climate change and erosion fuel disputes along Lake Michigan’s shoreline

The Nina Mason Pulliam Charitable Trust continues support for CLC’s Clean Water Indiana Program

CLC is proud to announce the Nina Mason Pulliam Charitable Trust has continued their support of CLC’s Clean Water Indiana Program with a grant of $484,000 over the next two years. The Pulliam Trust and CLC have a long-standing partnership to improve water quality in the state.
Swimmers at Ogden Dunes enjoy a dip in Lake Michigan on New Year's Day. Doug Ross, The Times

Possible Ogden Dunes revetment sparks debate

ODGEN DUNES — The possible construction of an armor stone revetment in Ogden Dunes has been challenged by the non-profit group Save the Dunes. The organization filed an administrative appeal June 19 after the Indiana Department of Natural Resources approved Ogden-Dunes' request for a 2,970-foot-long, 10-foot-wide revetment along Lake Michigan’s lakeshore, according to a statement from Save the Dunes.

Environmentalists oppose extension of Ogden Dunes revetment along Lake Michigan shoreline

A little more than three years ago, Lake Michigan was at its highest level in more than 30 years, and waves dashed up against the sheet steel piling that lakefront homeowners in the town of Ogden Dunes had installed in the 1980s and 1990s. Worried that the piling was vulnerable and their homes were in danger, the town petitioned for permission to install a revetment — a layer of large, interlocking boulders along the shoreline — to protect their homes.

Save the Dunes Challenges State Approval of an Armor Stone Revetment Along the Lake Michigan Shoreline for Violating the Public Trust

(Ogden Dunes, IN)- Save the Dunes filed an administrative appeal on Monday with the Indiana Natural Resources Commission. The appeal challenges the Indiana Department of Natural Resources’ (“DNR”) approval of the Town of Ogden Dunes’ proposal to build a 2,970-foot-long, 10-foot-wide, armor stone revetment along the Lake Michigan shoreline. Save the Dunes is represented in the case by the Conservation Law Center, a public interest environmental law firm that also runs the Conservation Law Clinic at Indiana University Mauer School of Law.

Critics: Regulatory ‘shell game’ allows AES to dump harmful coal ash pollution in White River

The state is allowing AES Indiana to dump more than 1 million gallons of water contaminated with harmful coal ash pollutants directly into the White River every day, according to Indiana environmental groups who call the approval process a "contradictory shell game." 

State is letting AES Indiana discharge toxic water into White River, group says

An Indiana environmental group says the state is allowingutility AES Indiana to release more than 1 million gallons ofcontaminated water a day into the White River from coalash ponds at its Eagle Valley Generating Station inMartinsville in violation of the federal Clean Water Act.

Gas plant could be sending coal ash contaminated water into the White River

The Eagle Valley natural gas plant in Martinsville is using water that could be contaminated with toxic coal ash to cool the plant and then putting it back into the White River. The Hoosier Environmental Council said that violates federal coal ash rules. The group is challenging the state’s decision to reissue Eagle Valley’s wastewater permit.

Indiana Environmental Group Challenges State Permit Allowing Releases of Coal Ash Waste into the White River

(MARTINSVILLE, IN)- The Hoosier Environmental Council (“HEC”) filed an administrative appeal on Monday with the Indiana Office of Environmental Adjudication (“OEA”). The appeal challenges a water permit issued by the Indiana Department of Environmental Management (“IDEM”) that allows the Eagle Valley Generating Station—an AES-owned powerplant in Martinsville—to discharge toxic contaminants from its leaking coal ash ponds directly into the West Fork of the White River.

Freitag co-authors article on sustainable development in Costa Rica “blue zone”

Along with colleagues from Syracuse University and INCAE, Costa Rica’s main business school, CLC Executive Director Christian Freitag recently co-authored an article concerning Nosara, Costa Rica, one of only five “blue zones” in the world. 
Child fishes at Beaver Lake

District court rules against CAFO, Corps

A ditch system dug nearly 100 years ago to drain Beaver Lake, formerly the largest natural lake in Indiana, is at the center of a legal battle between a 4,350-dairy cow CAFO and the neighboring Newton County residents.

The United States Supreme Court Denies Cert. in Pavlock v. Holcomb

On October 31st, the US Supreme Court denied a petition for certiorari filed by private landowners in the Pavlock case, declining to consider the legal questions posed by petitioners and to require further consideration by the 7th Circuit.

From class actions to classrooms: Ferraro adding teaching experience to resume as public interest attorney

Environmental law attorney Kim Ferraro might have only been half-joking when she claimed that if she had known at the start of her career what she knows now, she probably would have chosen a different practice area.

Southern Indiana Sentinel Landscape Update – Fall 2022

The team at CLC, along with our partners, have been working hard to successfully launch the SISL program.  Our first six months have been packed full of planning and outreach. Here are a few of the activities we have been focused on.  

The Nina Mason Pulliam Charitable Trust Renews Grant Support for CLC’s Clean Water Indiana Program

The Conservation Law Center is proud to announce the Nina Mason Pulliam Charitable Trust has continued their support of CLC’s Clean Water Indiana Program with a grant of $180,000. This grant represents a longstanding partnership between the Pulliam Trust and CLC, with a shared goal of improving water quality in the state of Indiana.

Long-time HEC Attorney Kim Ferraro Joining Legal Team at Conservation Law Center

Today, the Hoosier Environmental Council (HEC) wishes a warm farewell and many thanks to its long-time Senior Attorney, Kim Ferraro, who is leaving HEC after 11 years to become the Senior Staff Attorney at the Conservation Law Center (CLC), effective August 1st.

Simon Family Foundation Continues its Generous Support of CLC’s Land Conservation Work in Indiana

Conservation Law Center appreciates our long-standing relationship with the Herbert Simon Family Foundation and are proud to acknowledge their continued support of our efforts. This year, the Herbert Simon Family Foundation will be aiding us in our land conservation work which includes our ongoing support of Indiana land trusts as well as our new Southern Indiana Sentinel Landscape program.

CLC Executive Director Freitag joins Lake Monroe Water Fund Board of Directors

CLC is pleased to announce Executive Director, Christian Freitag, has joined the Board of Directors for the Lake Monroe Water Fund.  The Lake Monroe Water Fund is an active funder for watershed projects that conserve, protect and sustain Lake Monroe as a shared community water resource. Its board includes leaders from the five counties that surround Lake Monroe who share goals of community education about watersheds and understanding external impacts to drinking water.

Professor Jeff Hyman’s Last Semester with the Conservation Law Clinic

Spring 2022 will be Professor Jeff Hyman’s final semester teaching the Conservation Law Clinic through Indiana University Maurer School of Law.  Jeff has taught over 150 law students throughout his tenure with CLC, many of whom have gone on to practice environmental law as a career.  It is safe to say he had high expectations of his students and held them to a high standard, but he also met them with honesty and respect. Clinic students have been fortunate to learn both the practice of law as well as specific areas of environmental law from such an experienced professional.  Jeff will be missed!

Conservation Law Center names Megan Freveletti as first Nancy C. Ralston Conservation Fellow

The Conservation Law Center is excited to announce the creation of a new position—the Nancy C. Ralston Conservation Law Fellowship. Through a nation-wide search, Megan Freveletti has been selected to start in August 2022. The fellowship will cover a broad spectrum of responsibilities including litigation-related research, land protection transactions, advising conservation clients, policy analysis, and outreach.    

Conservation Law Center announces The Duke Energy “Grass Roots” Conservation Fellowship

Conservation Law Center is excited to announce a $10,000 grant from the Duke Energy Foundation to establish a new student fellowship program. The Duke Energy “Grass Roots” Conservation Fellowship will offer students at the Indiana University Maurer School of Law a paid internship to gain hands-on experience advocating for water conservation and improved water quality in the state of Indiana.

Freitag Testifies at the Statehouse to Wastewater Task Force

Last year, Governor Holcomb created the state’s first Wastewater Task Force to address issues of Indiana’s water management and water quality. Co-chairs Senator Eric Koch and Representative Ed Soliday currently lead this important review of Indiana’s water infrastructure and causes of water quality impairment, including issues that are CLC’s priorities like drainage reform and failing septics. 

A Win for Wetlands!

In 2020, Conservation Law Center partnered with Hoosier Environmental Council and the Indiana Audubon Society in a suit against Natural Prairie and the US Army Corps of Engineers. Contrary to its name, Natural Prairie is a confined animal feeding operation (CAFO) with over 4300 cows in the bed of the former Beaver Lake, once the largest natural lake in Indiana. Beaver Lake was part of the Grand Kankakee Marsh, at one point the country’s largest inland wetland, and this property sits adjacent to the Kankakee Sands, owned and managed as tallgrass prairie by The Nature Conservancy. This procedural win in the US District Court for the Northern District of Indiana requires the US Army Corps of Engineers to go back and reassess its jurisdiction over these important wetlands. CLC is proud to partner with HEC and Indiana Audubon to protect this ecologically and historically important natural area.  

Federal court tosses finding that Clean Water Act does not apply to Newton County CAFO

Finding the Army Corps of Engineers did not follow its own guidance and procedures, the Northern Indiana District Court has thrown out the Corps’ decision that a concentrated animal feeding operation built on a former wetland in Newton County is not under federal regulation.

Water Quality Awareness Month!

Clean water is vital to our health, our collective agricultural needs, and the needs of our environment. August is #NationalWaterQualityMonth (https://nationalwaterqualitymonth.org/) and here at CLC we work to identify and implement solutions to water issues vital to all Hoosiers, including direct piping of raw sewage into Indiana streams and rivers, failing septic systems across the state, and updating the state drainage law.

Conservation Law Clinic: Building a better planet

Pollution, deforestation, extinction of endangered species, and extreme weather events are taking their toll on today’s world. A nonprofit organization in Bloomington, Indiana is doing its part to reverse these trends.
Water and Quality of Life In Indiana Report Cover

Water and Quality of Life in Indiana

Formation of Lake Monroe Water Fund thanks in part to Duke Energy grant

Water is essential for life, and people concerned about the health of Lake Monroe have worked together to form the Lake Monroe Water Fund. On its website, it’s described as an “active funder for watershed projects that conserve, protect and sustain Lake Monroe as our shared community water resource.”

The Water Crisis in Indiana

Having safe and reliable access to clean drinking water is something easily taken for granted by most Americans, but in reality, 2018 data showed that nearly 30 million Americans were consuming unsafe drinking water. 

The Mallard Migration

And they’re off, south for the winter! As birds head toward the winter home, they follow specific paths called “Flyways.” Along the way, they have to handle plenty besides the long journey alone, including urbanization, pollution, and changing conditions related to climate change. Throughout the years, Conservation Law Center has worked to preserve the migratory habitats the birds need to survive.

Andrea Lutz now speaking out for the Conservation Law Center

A familiar name from a different email address feels out of context. Upon further investigation it is perfectly in context. Andrea Lutz has been my ‘forever’ Upland Brewing Company contact.  Now, she is the spokesperson with the Conservation Law Center headquartered near the IU Bloomington campus.

Conservation Law Center announces Andrea Lutz as first Director of Advancement

Conservation Law Center is excited to welcome Andrea Lutz in the newly created position of Director of Advancement. This new role replaces the prior Director of Development position and will expand the responsibilities to include administering the organization’s development and marketing initiatives, as well as program expansion and management.

$60,000 Grant from Simon Family Foundation to Advance Water Quality and Land Conservation in Indiana

Thank you to the Herbert Simon Family Foundation who has awarded the Conservation Law Center a $60,000 grant to further our work in water quality and land conservation. 

Conservation Law Center Clinic at the IU Maurer School of Law

Each school year, second- and third-year law students at the IU Maurer School of Law have the opportunity to enroll for credit as interns in our Conservation Law Clinic, one of Maurer’s six public interest clinics focused on providing students a hands-on learning experience working with real clients. Under the supervision of CLC attorneys, student interns work closely with each other and with the attorneys on live legal matters for our myriad clients who need assistance with natural resource conservation issues.

The Public Trust Battle Continues

In our landmark case, Gunderson v. Indiana, CLC represented the environmental groups Save the Dunes and Alliance for the Great Lakes through the Trial Court, the Indiana Court of Appeals, and the Indiana Supreme Court, and through our opponents’  unsuccessful petition to the U.S. Supreme Court. CLC was a major driving force defending Indiana’s ownership of its Lake Michigan shore and the public’s right to enjoy it.

Conservation Law Center Receives $20,000 Grant from Duke Energy Foundation for Water Monitoring on Lake Monroe

The Duke Energy Foundation recently awarded Conservation Law Center a grant for $20,000 to help improve water monitoring and management of Lake Monroe.

Indiana Environmental Law and Climate Change Adaptation

Climate change is already causing changes now, right here in the state of Indiana. This year’s spring was one of the five wettest in the state’s history, and wet springs and intense rainfall events will only get more common in the future. Indiana summers will come to resemble either present-day Missouri or Texas by late century, and our winters will be like those now seen in the Mid-Atlantic[1].

Freitag Represents the Center at Public Affairs Governance Workshop in China

This past June, I accepted an invitation from the Maxwell School of Citizenship and Public Affairs at Syracuse University and Ocean University of China to participate in the 2019 Public Affairs Governance Workshop in Qingdao, Shandong Province, China.

U.S. Supreme Court Asked to Hear Lake Michigan Public Trust Case

Is your right to access Indiana’s Lake Michigan shoreline a national concern? On October 5th, the US Supreme Court was asked to decide if it would consider the issue of the boundary of public rights on the shoreline. Their answer could set a national precedent.

Water Quality Day

On August 25, Hoosiers will gather in Indianapolis, Bloomington, and Monroe County to celebrate Water Quality Day. As part of National Water Quality Month, Water Quality Day is a day to bring the focus closer to home. The month is dedicated to celebrating Indiana’s abundant waterways. In Indiana, freshwater supports a billion-dollar resource economy, making it vital to Hoosiers’ quality of life.

Landmark Public Trust Case a Major Win for Hoosiers

The Conservation Law Center, with attorney Jeff Hyman leading the litigation, represented environmental groups Alliance for the Great Lakes and Save the Dunes in a bid to protect the public’s right to use the Lake Michigan shore as public land.

A Letter to the Editor: We all need clean, abundant water

August is Water Quality Month (#WQM17). What’s on tap? A reminder to celebrate Indiana’s bounty of rivers, lakes and streams. They support a billion-dollar recreational economy and are central to our health, industry and agriculture.

Advocacy group seeks protection of Indiana’s water resources

Carol Kugler, a reporter for The Herald-Times in Bloomington, IN, attended CLC's recent presentation at Green Drinks Bloomington.

What the Appelate Court’s Ruling Means for The Public Trust

On December 7th, the Indiana Court of Appeals ruled that Indiana's Lake Michigan shoreline is held in trust for the public up to the ordinary high-water mark. The opinion, setting an important precedent, recognizes the public trust in Indiana.

A Win for the Public Trust

The Public Trust Doctrine grants access to use the land between the low and high water marks of Indiana's Lake Michigan shoreline.

Clear-Cut Victory for White River Corridor

Thanks to the efforts of the Friends of White River (FOWR), the banks along a stretch of riparian corridor in Warfleigh and Broad Ripple will retain vegetation originally slated for removal.

CLC Saves 22% of Trees from Extensive Clearing on the White River in Settlement

For a good portion of the year, CLC has been representing Friends of the White River in a Tree Clearing Settlement Agreement with the US Army Corps of Engineers (Corps) and Indiana Department of Natural Resources (IDNR) to ensure that the proposed tree clearing on the Indianapolis banks of the White River represents the community as well as the safety concerns it addresses.

The Flow of the Conservation River

Conservation is an objective, not itself a science. And it is a human objective, at that. But the definition and achievement of the objective requires the appreciation of at least biological, ecological, geological, and climatological sciences, to say nothing of the law and various of the political, economic and social sciences. The demands are as encompassing as the life conservation is designed to addressed. And the objective—the kind of world we and our descendants will live in—is of similarly broad concern.

Indiana Court Recognizes Public Right to Walk and Sunbathe on Lake Michigan Shore

This July, La Porte County Judge Richard R. Stalbrink ruled that Indiana holds the state’s Lake Michigan shore in trust for public uses, including swimming, sunbathing, and other recreational activities. The decision, Gunderson v. State, No. 46D02-1401-PL-606 (LaPorte Super. Ct. 2 July 24, 2015) establishes that citizens’ rights extend beyond the water to an administratively established boundary on the shore, regardless of beach ownership.

CLC Submitted Comments on Proposed Stream Protection Rule

On October 26, the CLC submitted comments on the Office of Surface Mining’s proposed Stream Protection Rule on behalf of the Hoosier Environmental Council.

CLC Challenges Indiana DNR’s Authorization to Destroy Mature Hardwood Forest and Habitat Along the White River Levee

On behalf of Friends of the White River, CLC has challenged the Indiana Department of Natural Resources’ decision to authorize the permanent destruction of more than seven acres of mature hardwood forest and other high-quality riparian habitat along Indianapolis’s White River levee.

CLC Working for Friends of the White River to Protect River Corridor

The Conservation Law Center is representing Friends of the White River in contesting a plan to strip vegetation in the White River corridor from Broad Ripple to Kessler in Indianapolis.

Good News on the Lake Michigan Shore

The Center has been representing the Alliance for the Great Lakes and Save the Dunes in a lawsuit in which certain owners of lakeside property claim ownership of the beach of Lake Michigan right down to the water's edge.

CLC Defending Public Rights to Lake Michigan Shore

CLC is representing the Alliance for the Great Lakes and Save the Dunes in litigation over the application of the public trust and the boundary of the State of Indiana's ownership of the shore of Lake Michigan. The lawsuit began when certain owners of lakeside property sued the Town of Long Beach, claiming a town resolution interfered with their rights. The complaint asks the court to declare that there is no public right in the shore landward of the water's edge. CLC’s clients believe that the conservation interest in the lakeshore will be best served by defending the claim of public rights in the shoreland.

CLC Proposes Updates to Indiana Water Management Policies

In response to the recommendation of the Indiana Sustainable Natural Resources Task Force, and in collaboration with members of the Indiana General Assembly, the CLC developed legislation to update Indiana's water management policies.

CLC Prevails in IKEC v Citizens Groups; IKEC Appeals

The Conservation Law Center is representing three Indiana environmental groups in litigation filed by the Indiana-Kentucky Electric Corporation (IKEC), the operators of the Clifty Creek power station in southern Indiana.

Litigator of the Year Award Bestowed on CLC Staff Attorney Jeffrey B. Hyman by HEC

CLC Staff Attorney, Jeffrey B. Hyman, has been named the Hoosier Environmental Council (HEC) "Litigator of the Year" for his talents and dedication, especially in regards to the IKEC v. Citizens Groups case.

CLC Assists Save The River in Filing Rulemaking Petition; NY DEC Joins the Filing

On February 5, 2010, Save the River (STR) filed a rulemaking petition with the St. Lawrence Seaway Development Corporation (SLSDC).

Ballast Water Treatment Regulations

CLC attorneys and Clinic interns advised long-standing client, Great Lakes United, and four other conservation groups in preparing comments on the U.S. Coast Guard's ballast water rulemaking (docket number USCG-2001-10486).

Antidegradation Rulemaking

CLC attorneys and Clinic interns continue the CLC's multiyear involvement in Indiana's antidegradation rulemaking on behalf of client Alliance for the Great Lakes.

Prioritization for Federal Conservation Funds

We have been asked to advise CEAP (Conservation Effects Assessment Project) -- a multi-agency effort to quantify the environmental benefits of USDA-funded conservation programs -- on a geographic prioritization strategy for identifying which watersheds are the best candidates for conservation dollars.
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