On January 16, 2004, the Indiana Court of Appeals resolved more important issues in favor of Indiana policyholders. In <I>PSI Energy Inc. v. The Home Insurance Company, et al</I>., Cause No. 32 A01-0204- CV-146, PSI sought coverage under its comprehensive general liability ("CGL") insurance policies for environmental liabilities at six manufactured gas plants, the last of which ceased operations in 1950.

The Indiana Legislature has enacted a Tax Amnesty Bill that offers important relief to Hoosiers with back tax problems. H.E.A. 1004, 114th Leg., (IN, 2005).

A recent case should have a significant impact on Concentrated Animal Feeding Operations ("CAFOs") in Indiana and in the United States.

Common law nuisance is codified by the Indiana Code: "Whatever is: (1) injurious to health; (2) indecent; (3) offensive to the senses; or (4) an obstruction to the free use of property; so as essentially to interfere with the comfortable enjoyment of life or property, is a nuisance . . . " I.C. § 32-30-6-6.

A recent agricultural case highlighted the importance of agricultural counsel having a working knowledge of insurance coverage law. After apparently receiving a complaint from a neighbor, a dairy farm was served with a temporary restraining order prohibiting its operation from applying manure.

Manure–once regarded by Indiana’s small farmers as a blessing–has become a source of strife between Indiana’s large confined animal feeding operations (CAFOs) and their suburban neighbors. Manure is produced by CAFOs in quantities far outstripping amounts seen by farmers even thirty years ago. Manure is now a regulated substance.

Last year the Legislature passed a noncode section of law that prohibited through July 1, 2004, the Indiana Department of Environmental Management ("IDEM") and the Air, Water and Waste Boards from adopting a new rule or policy that would be more stringent than what is established in a related federal rule or policy. This prohibition applies only to rules and policies affecting the following industries:

Last year the Legislature passed a noncode section of law that prohibited through July 1, 2004, the Indiana Department of Environmental Management ("IDEM") and the Air, Water and Waste Boards from adopting a new rule or policy that would be more stringent than what is established in a related federal rule or policy. This prohibition applies only to rules and policies affecting the following industries: