Cause No. 2:17-cv-048-PPS
Client:
Hoosier Environmental Council
CLC Attorneys:
Mike Zoeller, Rachel Schwartz
Forum / Posture:
Federal court; motion to intervene in consent decree enforcement
Background:
CLC is representing Hoosier Environmental Council (HEC) in a motion to intervene in a lawsuit between the United States and the Hammond Sanitary District (HSD) in order to prevent the parties from indefinitely delaying compliance with the Clean Water Act.
The Little Calumet River, which stretches from Gary to the Des Plaines River in Illinois, has long been used by Hammond as the receiving water for millions of gallons of untreated sewage and other wastewaters from its combined sewer system. Hammond has repeatedly fought to continue discharging its untreated sewage into the Grand Calumet and Little Calumet Rivers instead of installing the improvements needed to treat all of its wastes. At least since 1993, the United States has been in litigation with the Hammond Sanitary District over its violations of the Clean Water Act. The parties reached agreement in 1999, but the Sanitary District quickly violated the terms of that consent decree resulting in further litigation and, ultimately, a new consent decree with the United States and the State of Indiana in 2017.
The 2017 Consent Decree requires significant reductions or elimination of untreated wastewater discharges from 10 combined sewer outfalls as “expeditiously as practicable,” and no later than 2035. CLC learned that HSD stopped work on a major project in late 2024 and submitted a Notice of Force Majeure asserting that a funding dispute with the Town of Munster prevented progress.
The Consent Decree expressly excludes financial issues as a basis for force majeure delay. After EPA did not act on HSD’s notice for more than a year, CLC filed a motion to intervene on behalf of Hoosier Environmental Council (HEC), asking the court to enforce the Consent Decree.
Current Status:
On May 18, 2026, EPA rejected HSD’s force majeure position on grounds consistent with HEC’s motion to intervene. HSD and EPA then objected to HEC’s intervention. CLC filed a reply on June 4 and requested oral argument. The court quickly granted oral argument, which is scheduled for July 7.
Why It Matters:
This matter seeks to prevent long-overdue Clean Water Act compliance and protect northwest Indiana communities and waterways from continued untreated wastewater discharges. The longer the parties delay compliance with the Consent Decree, the longer these communities are burdened with contaminated water.
Press Release: Hoosier Environmental Council Moves to Prevent Sewage Treatment Delays in Hammond (April 15, 2026)
Case Spotlight Handout: Challenging Delays in Clean Water Act Compliance in Hammond
Court Documents:
