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From the first wind farm in Benton
County to three of the state's ethanol plants,
Bingham McHale has been a part of the alternative
energy boom in Indiana. Members of the Utility
Team and Agribusiness & Renewable
Energy Team have assisted with real estate, financing
and local government matters. |
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In January, the Floyd County Circuit
Court ruled that a local public utility did not
meet the requirements to take property through
eminent domain because the utility had not demonstrated
an “immediate
need or present need” for the private property.
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Over the past year, Indiana courts have issued
several annexation decisions that make it easier
for municipalities to annex nearby territory. These
decisions lessened the burden on municipalities
when municipalities decide annexation is in their
best interest. |
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According to a recent OEA ruling,
IDEM cannot use an out-of-state conviction to
revoke a wastewater operator's certificate. |
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Randolph Seger, Chair
Sue Beesley
Andy Bowman
Phillip Fowler
John R. Gregg
Casey Holsapple
David McGimpsey
Christopher Taylor
Brian W. Welch
Christopher York
In January, the Indiana Department of Environmental Management significantly
expanded the Commissioner's jurisdiction
to limit new utility connections. Under
327 IAC 4-1, the Commissioner now has the authority to limit new utility connections
when a treatment plant is found to be discharging insufficiently treated wastewater
as a result of poor operation and maintenance.
Bingham McHale worked with the state legislature earlier this year
to amend IC 8-1.5-2-19, which governs municipal bond anticipation notes (BANs).
Now, municipalities are exempt from IURC jurisdiction for BANs that are payable
within 12 months from their issuance.
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