Back to list of practice areas

Air

We regularly assist clients in filing for and obtaining necessary air permits and with appeals to inappropriate conditions as well as defending challenges made to the issuance of a permit. In Objections to Issuance of FESOP Operating Permit No. FO39-5406-03325 Brooks Construction Company, Inc., Cause No. 97-A-J-1847, decided January 12, 1998, we successfully adjudicated citizens' objections to an air permit for a new asphalt plant. Based on a motion for summary judgment, IDEM's permit decision was upheld, despite IDEM switching positions arguing that the judge should consider the impacts of the plant on individual health, rather than ambient air quality standards and compliance with rules. One of our attorneys is a professional engineer who can assist clients with reporting obligations and the preparation of permit applications. We also have extensive experience representing clients in responding to warning letters and in resolving enforcement actions brought by IDEM for violations of air requirements.

Firm Contacts: Sue Shadley and Mary Ann Saggese

Back to top of page

CERCLA

We bring proven experience in guiding our clients through the costly minefield of "Superfund." We know the intricacies CERCLA and other environmental statutes and use that knowledge to work to achieve positive results. Our work has produced a landmark Superfund decision on behalf of a major national disposal site owner in its claim for contribution against a variety of companies that materials transported to the site. 

Firm Contacts: Len Robinson, Fred Emhardt, George Plews, Stephen Studer 

Back to top of page

Hazardous Waste

We represent clients engaged in heavy manufacturing, chemicals, utilities, and terminaling operations in Indiana and throughout the Midwest. A substantial part of that representation is focused on the Resource Conservation and Recovery Act ("RCRA"). RCRA's mandate to ensure the proper handling of hazardous waste from "cradle to grave" has resulted in the creation of a comprehensive regulatory compliance program which spans two volumes and hundreds of pages of the Code of Federal Regulations. This area of practice requires not only a mastery of the federal program but also state regulations and programs as well. The firm has a unique blend of attorneys with the legal experience and backgrounds needed to meet these challenges. The firm: 1) counsels clients on RCRA's generator storage, manifesting, treatment, and disposal requirements; 2) counsels clients on RCRA disposal facility operational requirements, 3) guides clients through the permitting process; 4) defends compliance actions and permit appeals brought under RCRA and its implementing regulations.

Firm Contacts: Len Robinson, Sue Shadley, Curt DeVoe, George Plews

Back to top of page

Agriculture

Plews Shadley Racher & Braun has significant experience assisting in solving agriculture-related environmental problems. This includes confined feed lot manure contaminant problems, fertilizer liability claims, and the entire range of water and other permit requirements for Indiana and Midwestern farms and farm-related operations.  Our clients range in size from major international agribusiness corporations to independent farmers.

Firm Contacts: Sue Shadley, Peter Racher, Donna Marron  

Back to top of page

Underground Storage Tanks and Environmental Cost Recovery

Since 1993, Chris Braun has served as General Counsel for the Indiana Petroleum Marketers & Convenience Store Association ("IPCA"), an association comprised of more than 300 corporate members who purchase refined petroleum products from suppliers for resale and distribution at gasoline stations and convenience stores throughout the state and Midwest at the wholesale and/or retail levels. Our representations in this highly-regulated arena encompasses a wide array of legal services in the areas of compliance, transactions, litigation, legislative, regulatory, PMPA and administrative matters. Our experience also extends to successfully obtaining millions of dollars for reimbursement from public and private insurance sources for Underground Storage Tank ("UST") environmental investigations and remediations arising from leaking USTs.

Firm Contacts: Chris Braun, George Plews, Curt DeVoe, Jeff Featherstun and Donna Marron 

Back to top of page

Solid Waste and Solid Waste Zoning

Our firm is among the most experienced anywhere in solid waste issues. We have been involved in numerous challenges to Indiana's "need statute" and in assisting clients with the preparation of good character disclosures. We successfully challenged the retroactive application of both the need statute and good character law to pending applications. We have worked with clients on all aspects of solid waste from the preparation of permit applications, advising on compliance with operating requirements, filing challenges to inappropriate permit conditions, defending permits against individual or organized group challenges and in resolving enforcement actions. We participate in rule-making and legislation involving solid waste issues and are a member of the National Solid Waste Management Association. We have handled a substantial number of zoning matters related to the siting of landfills and have been involved in numerous court proceedings involving zoning disputes. Sue Shadley has been inducted into Indiana National Solid Waste Management Association chapter's "Hall of Fame" for her work in this area.

Firm Contacts: Sue Shadley, George Plews, Jeff Claflin, Fred Emhardt and Donna Marron

Back to top of page

TSCA

We have represented clients throughout the state in enforcement actions involving PCBs. Our work in this field has encompassed defending allegations of violations of virtually every section of 40 CFR 761 et seq. We represent clients who are or have been engaged in the commercial, storage, treatment, or disposable of PCBs, as well as clients involved with this substance unwittingly. Navigating clients through this complicated area requires expertise in the PCB regulations as well as the myriad other regulations implicated by such releases. 

Firm Contacts: Len Robinson, Sue Shadley

Back to top of page

Water, Stormwater and Wetlands

We have significant experience in legal matters arising under the federal Clean Water Act and related federal, state and local statutes and regulations. These matters include NPDES permitting for industries and property developers, wastewater discharges under local pretreatment permits and programs, stormwater permitting and compliance as well as wetlands permitting, compliance and mitigation. We have  helped clients obtain permits from the Indiana Department of Environmental Management, the U.S. Environmental Protection Agency, the U.S. Army Corps of Engineers, the City of Indianapolis and other publicly owned treatment works and local government entities. We also have represented clients in administrative appeals and enforcement actions and state and federal lawsuits concerning water issues.

Firm Contacts: Curt DeVoe, Stephen Studer, Jeff Claflin and Donna Marron

Plews Shadley Racher & Braun negotiated the $1 million settlement of an environmental class action against McDay Corporation of California and various of its Indiana affiliates in connection with the delivery of bacteria-contaminated drinking water to residents of a trailer park near Indianapolis: Christina Volker, et al. v. McDay Corporation et al., Cause No. 41D-02-0101-CT-00030, in the Johnson County Superior Court No. 2. Pursuant to the settlement approved by Judge Cynthia Emkes, some 740 families at the Lake of the Lanterns mobile home park west of Indianapolis were eligible to claim up to $1,000 apiece for emotional distress damages arising from the park's operation of a public drinking water system. The settlement also provides forgiveness of rent arrearages valued at approximately $250,000, plus payment of the families' legal fees and expenses. The Indiana Department of Environmental Management determined in 2000 that the Lake of the Lanterns water system was unsafe and poorly operated. IDEM issued an emergency order requiring the park to connect to the Indianapolis Water Company and start piping clean drinking water to mobile home residents. Proceeds from the class action settlement were paid out in October and November of 2002.

Firm Contacts: George Plews, Peter Racher, Jeff Featherstun, Chris Braun or Fred Emhardt

Back to top of page

Back to practice areas