We have represented regional and national electric, gas, and water utilities in a wide variety of matters. Our primary focus has been addressing insurance coverage, environmental and real estate issues.
We help utilities secure insurance coverage for small and large environmental liabilities, such as multi-site manufactured gas plants (MPG) cleanups or coal ash retention ponds. We also have assisted utilities with many other types of insurance issues, from property damage and bodily injury claims to medical stop loss insurance claims. Additionally, our utility clients engage us to analyze their adequacy of their existing coverage for future potential risks.
We assist utilities with a wide variety of environmental matters, including permitting, compliance and regulatory matters including the Clean Air Act, the Clean Water Act, stormwater and solid waste rules (e.g., coal ash), due diligence, CERCLA and cost-recovery matters, environmental site assessments, and compliance audits.
We work with utilities to acquire and sell both real estate and facilities. We also often assist our utility clients in their environmental due diligence.
Shell Oil Co. v. Meyer, 684 N.E.2d 504 (Ind. Ct. App. 1997), trans. granted, Shell Oil Co. v. Meyer, 705 N.E.2d 962 (Ind. 1998) (liability of owners and operators under Indiana Underground Storage Tank Act)
Pflanz v. Foster, 888 N.E.2d 756 (Ind. 2008) (statute of limitations under Indiana Underground Storage Tank Act)