Co-written by George M. Plews & Sue A. Shadley
In an action reflecting the increasing technical complexity of environmental cases, the Executive Committee of the Marion Superior Courts has designated one of its courts as the "Environmental Court." The intent of this designation is for this court, presided over by Judge Michael D. Keele, to have original jurisdiction over a wide range of environmental cases. The precise scope of that jurisdiction has yet to be determined, but it is likely to include all cases involving the Indiana Department of Environmental Management ("IDEM") or the Indiana Department of Natural Resources ("IDNR"), all cases involving the environmental statutes found in Titles 13 and 14 of the Indiana Code, all contamination, cost recovery or contribution claims, and health code and zoning matters.
The new Environmental Court is already operating at its new offices in Fountain Square. Judge Keele, who previously served as judge for the Marion County Small Claims Court in Pike Township and practiced law with Clark, Quinn, Moses and Clark in Indianapolis, also supervises the operation of the new Community Court at this same location. The new courts are part of the Marion County judiciary’s admirable efforts to make litigation more efficient and accessible.
Sue Shadley and George Plews were among a group of environmental attorneys invited to meet with Judge Keele to make suggestions as to the jurisdiction and procedures for the new court.
The content of this article does not constitute legal advice and should not be relied on in that way. Specific advice should be sought about your specific circumstances.