News Archive

When it comes to understanding both works of art and environmental issues, it is important to understand the context of the times.

Bruno L. Pigott, commissioner of the Indiana Department of Environmental Management (IDEM), drew that unusual connection in the first panel presentation for the 2021 IU McKinney School of Law Environmental and Natural Resources Law Symposium, “Hot Topics in Environmental Law,” on March 5.

But Pigott made the case that environmental issues—like art—are shaped by events of our time, including the current global pandemic, the death of George Floyd and racially motivated violence, and a fiercely contested presidential election.

“It’s time for us to develop plans and policies to reflect the times we are in,” Pigott said. “Just like a piece of art, you can understand it if you look at it in the context of the times.”

On the state level, that means that IDEM is working on equity and inclusion issues, including updating its environmental justice maps.

Pigott traced environmental justice as a priority to the tenure of Janet McCabe, Professor of Practice at IU McKinney Law and Director of the IU Environmental Resilience Institute, who worked at IDEM from 1993 until 2005. “She was a super star,” Pigott said.

Professor McCabe is currently President Biden’s nominee for the position of deputy administrator of the U.S. Environmental Agency. Her confirmation hearing was the same week as the virtual symposium, which she took the lead in planning.

The panel also included a presentation by Martha Clark Mettler, Assistant Commissioner of the IDEM Office of Water Quality, who provided a Waters of the United States (WOTUS) and the impact of recent executive orders, as well as Senate Bill 389, a proposal to recall Indiana’s State Regulated Wetland law in its entirety. The bill was passed by the Republican-controlled Senate and awaits consideration by the House.

Mettler and Pigott both emphasized the importance of wetlands, noting their role in protecting water quality, flood prevention and providing habitats for critical wildlife. “Repeal of the whole law could have some serious unintended consequences,” Mettler said. “IDEM hopes at a minimum, the bill may be amended to protect many of its [Indiana’s State Regulated Wetland law] key elements.”

The symposium also featured:

• A panel on “Updates to IDEM's Risk-based Closure Guidance and Long-Term Stewardship: Ensuring Protection of Human Health and the Environment Now and into the Future,” with April Lashbrook, IDEM attorney, and Kathyrn Watson, Of Counsel, Katz Korin Cunningham, and Adjunct Professor of Law at IU McKinney.
• A panel on “Energy Law and Policy in Indiana: the 21st Century Task Force and the 2021 Legislative Session” with Rep. Ed Soliday (R-Indiana House District 4); Rep. Ryan Hatfield (D-Indiana House District 77); Danielle McGrath, President, Indiana Energy Association; Joseph P. Rompala, Director, Lewis Kappes; and Jennifer Washburn, Counsel, Citizens Action Coalition and Adjunct Professor of Law at IU McKinney.

The panel was moderated by Donald M. Snemis, Partner, Ice Miller LLP and Adjunct Professor of Law at IU McKinney.