Friday, November 14, 2008
Law - More on "Democrats Eye Bush Midnight Regulations"
Updating this ILB entry from Nov. 11th, Erika Lovley and Ryan Grim of Politico had a lengthy story Nov. 12th, headed "Dems eye midnight regulations reversal." It begins:Congressional Democrats are eyeing a little-known, Clinton-era law as a way to reverse...Posted by Marcia Oddi on Friday, November 14, 2008
Tuesday, September 02, 2008
Ind. Law - More on: Indiana building codes, part of the Indiana Administrative Code, are not available online [Updated]
This is big! Recall this ILB entry, from August 7th, complaining that the Indiana building codes were not available online? That Indiana and many other states simply incorporated by reference codes put out by the International Code Council, a private...Posted by Marcia Oddi on Tuesday, September 02, 2008
Tuesday, December 19, 2006
Ind. Decisions - Proposed Pines transfer station update
Our most recent earlier entry on the Pines transfer station in NW Indiana was posted Oct. 12 and reported that plaintiffs plan to appeal the environmental law judge's opinion. Access the ruling itself here, from this Sept. 18 ILB entry....Posted by Marcia Oddi on Tuesday, December 19, 2006
Wednesday, December 13, 2006
Environment - Another Mallard Lake decision
The Anderson Herald Bulletin has a report today by Justin Schneider:A ruling by Michael D. Keele, a judge in Marion Superior Court Environmental Division, has returned a landfill permit to J.M. Corp. This week, Keele agreed that environmental law Judge...Posted by Marcia Oddi on Wednesday, December 13, 2006
Friday, December 08, 2006
Ind. Decisions - More on yesterday's CAFO opinion
The Muncie Star-Press reports today on yesterday's Court of Appeals opinion in Elizabeth Thomas v. Oolman Dairy , which was a not-for-publication opinion- the ILB summary is here (3rd case, along with links to earlier entries). Seth Slabaugh writes:HARTFORD CITY...Posted by Marcia Oddi on Friday, December 08, 2006
Thursday, November 30, 2006
Law - More on global warming, federal preemption issues
Following up on this entry from last weekend ("Another important oral argument before the Supreme Court next week") on global warming, and this one ("Supreme Court to Hear Arguments Next Week in States' Challenge to 'Preemption' of Regulation") on administrative...Posted by Marcia Oddi on Thursday, November 30, 2006
Saturday, November 25, 2006
Law - Another important oral argument before the Supreme Court next week
David G. Savage of the LA Times writes:WASHINGTON — The polar icecaps are melting, summers growing hotter and hurricanes becoming more powerful, but the Bush administration has insisted it cannot regulate the gases that many believe are responsible. On Wednesday,...Posted by Marcia Oddi on Saturday, November 25, 2006
Tuesday, November 14, 2006
Ind. Law - Warning to those who rely on the online Indiana Administrative Code
On June 4th the ILB published a warning, titled "Warning to those who rely on the online Indiana Administrative Code." I'm posting that warning again today. As of this writing, the online Indiana Administrative Code has not been updated since...Posted by Marcia Oddi on Tuesday, November 14, 2006
Wednesday, October 11, 2006
Environment - Several NW Indiana environmental issues in the news
The first is Feddeler landfill. Here are some of the stories from the Munster (NW Indiana) Times:Oct. 11, 2006. State knew of landfill danger as early as '75: Indiana trying since 2001 to get Feddeler site cappedOct. 11, 2006. Residents...Posted by Marcia Oddi on Wednesday, October 11, 2006
Wednesday, September 27, 2006
Ind. Law - "Emergency" rulemaking at the Department of Natural Resources
My thoughts. A properly promulgated administrative rule in Indiana has the force and effect of law. The law governing state agency rulemaking, IC 4-22-2, provides for public notice and comment before a rule may be adopted, followed by review and...Posted by Marcia Oddi on Wednesday, September 27, 2006
Tuesday, September 19, 2006
Law - Re the nominee to be administrator of the Office of Information and Regulatory Affairs at the White House's OMB
Cindy Skrzycki, who writes the weekly The Regulators column for the Washington Post, writes today about the Bush nominee to be administrator of the Office of Information and Regulatory Affairs at the OMB. Some quotes:Susan E. Dudley , President Bush...Posted by Marcia Oddi on Tuesday, September 19, 2006
Friday, May 19, 2006
Ind. Decisions - Court of Appeals issues two today
In the Matter of Adoption of C.E.N. - adoption, affirmed In IDEM and Midwest Medical Solutions v. Lake Co. Solid Waste Management District, a 28-page opinion, IDEM granted a permit to Midwest for an infectious waste autoclave, a solid waste...Posted by Marcia Oddi on Friday, May 19, 2006
Tuesday, April 18, 2006
Law - The Congressional Review Act, ten years later
Cindy Skrzycki, who writes the Tuesday column, The Regulators, for the Washington Post, today has a column headed "Reform's Knockout Act, Kept Out of the Ring," about the Congressional Review Act, which was sponsored by former representative David M. McIntosh...Posted by Marcia Oddi on Tuesday, April 18, 2006
Monday, April 10, 2006
Ind. Law - More on the demise of the Indiana Register
The lead article in this week's edition of Indiana Legislative Insight (4/10/06, Vol. 18, No. 18, paid subscription only), begins:At the end of June, the Indiana Register will cease to exist as you have known it for the past three...Posted by Marcia Oddi on Monday, April 10, 2006
Friday, March 31, 2006
Law - More on: The Federal Register and the Indiana Register
Last Saturday the ILB posted an entry on the 70th anniversary of the Federal Register. The entry ended with this statement:The Indiana Register is now in Volume 29, meaning it is nearing its 30th year. But my understanding is that...Posted by Marcia Oddi on Friday, March 31, 2006
Saturday, March 25, 2006
Law - The Federal Register and the Indiana Register
The Federal Register turned 70 this month. NPR this evening had a great story on how the Federal Register came to be:All Things Considered, March 25, 2006 · When the federal government lost a lawsuit because it couldn't find a...Posted by Marcia Oddi on Saturday, March 25, 2006
Friday, March 10, 2006
Law - Still more on: Federal agencies try to limit suits in state courts
Today the NY Times weighs in again on the move by federal regulatory agencies to limit, by regulation, the states' right to hear liability cases. The story is titled "'Silent Tort Reform' Is Overriding States' Powers." Some quotes: SUPPORTERS and...Posted by Marcia Oddi on Friday, March 10, 2006
Sunday, February 19, 2006
Law - More on: Federal agencies try to limit suits in state courts
The LA Times has a major story today titled "Industries Get Quiet Protection From Lawsuits." The subhead: "Federal agencies are using arcane regulations and legal opinions to shield automakers and others from challenges by consumers and states." Some quotes from...Posted by Marcia Oddi on Sunday, February 19, 2006
Tuesday, December 20, 2005
Law - The Office of Management and Budget wants to give agencies guidance on their guidance.
The Washington Post column, The Regulators, by Cindy Skrzycki, has an interesting story today headlined "The Office of Management and Budget wants to give agencies guidance on their guidance." Some quotes:The OMB's Office of Information and Regulatory Affairs is trying...Posted by Marcia Oddi on Tuesday, December 20, 2005
Thursday, August 18, 2005
Ind. Decisions - More on "Associational standing stands"
As the ILB was apparently the first to report yesterday (here), the Indiana Supreme Court has failed to grant transfer in Save the Valley v. Indiana-Kentucky Electric. Today, Grace Schneider of the Louisville Courier Journal writes:Three Indiana environmental organizations have...Posted by Marcia Oddi on Thursday, August 18, 2005
Saturday, August 13, 2005
Ind. Gov't. - The DNR move to enforce fenced hunting ban, contrasted with the BMV ID "rule"
As reported in a number of state papers Thursday and Friday, Indiana's DNR chief announced Thursday that high-fenced shooting preserves would be banned. Here are some quotes from Niki Kelly's story in the Fort Wayne Journal Gazette:INDIANAPOLIS – DNR Director...Posted by Marcia Oddi on Saturday, August 13, 2005
Friday, August 12, 2005
Ind. Decisions - Court holds BMV ID rules invalid
Villegas et al v. Joel Silverman (8/12/05)Vaidlik, Judge Case Summary. This is a class action against the Commissioner of the Indiana Bureau of Motor Vehicles brought by three illegal aliens (collectively, “the plaintiffs”) who are unable to obtain State of...Posted by Marcia Oddi on Friday, August 12, 2005
Tuesday, April 12, 2005
Ind. Law - Still more on proposed "no more stringent" law
The Evansville Courier& Press has an editorial today on SB 298, asking "Why Tie Our Own Hands?" Some quotes:One of the more compelling environmental debates in Indiana involves mercury pollution and the question of whether the Hoosier State should have...Posted by Marcia Oddi on Tuesday, April 12, 2005
Sunday, April 10, 2005
Ind. Law - Dispute awaits environmental bill
More today in several Indiana papers about SB 298, via an AP story by Rick Callahan, headlined by the Louisville Courier Journal -- "Dispute awaits environmental bill: Plan restricts rules stricter than EPA's." Some quotes:Legislation that would prohibit state agencies...Posted by Marcia Oddi on Sunday, April 10, 2005
Thursday, April 07, 2005
Ind. Law - This bill hazardous to Hoosiers' health
"This bill hazardous to Hoosiers' health" is the heading to the lead editorial today in the Indianapolis Star. Some quotes:A back-door legislative maneuver to limit the ability of state agencies to regulate the environment and deal with public health emergencies...Posted by Marcia Oddi on Thursday, April 07, 2005
Thursday, February 17, 2005
Adm. Law - "Statutes that are not Static - The Case of the APA"
This paper, by Peter L. Strauss, Columbia Law School, forthcoming in the Journal of Contemporary Legal Issues, Vol. 14, No. 2, February 2005, is available online via SSRN. Access it via this page. Here is the abstract:Judges interpreting statutes evidence...Posted by Marcia Oddi on Thursday, February 17, 2005
Tuesday, February 08, 2005
Law - Federal preliminary rulemaking receives legal challenge
The weekly Cindy Skrzycki Washington Post column, The Regulators, reports today:The Salt Institute has its blood pressure up. The group that represents 36 domestic and foreign salt producers is appealing its loss of a lawsuit that challenged the science a...Posted by Marcia Oddi on Tuesday, February 08, 2005
Tuesday, January 25, 2005
Ind. Decisions - More on IKEC v. IDEM
Below is a summary of Indiana-Kentucky Electric Corporation v. Commissioner, Indiana Department of Environmental Management (1/19/05 IndCtApp) prepared by Barnes & Thornburg LLP. The initial Indiana Law Blog entry is available here.On January 19, 2005, the Indiana Court of...Posted by Marcia Oddi on Tuesday, January 25, 2005
Saturday, January 22, 2005
Adm. Law - Citizens to Preserve Overton Park v. Volpe
Other X-TREME policy wonks will be, I'm sure, as excited as I was to learn about this. A 53-page paper is now available online titled "Administrative Law Stories: Citizens to Preserve Overton Park v. Volpe," and authored by Professor Peter...Posted by Marcia Oddi on Saturday, January 22, 2005