Environmental Law

Representing Landowners in Environmental Law Disputes

Environmental law disputes often involve navigating complex legal and regulatory systems. At Lipinski Law, we provide strategic guidance to landowners in Indianapolis and throughout Indiana, helping them assert their rights, protect their property, and resolve challenges effectively. Whether defending against government enforcement actions or pursuing insurance claims for environmental damages, we are dedicated to achieving practical and timely solutions.

Facing Property or Environmental Challenges? Here’s How We Can Help

Environmental issues can disrupt your life, your finances, and the value of your property. Whether it’s defending against unexpected fines, managing a sudden spill, or fighting an unfair insurance denial, these situations demand swift and effective legal solutions. At Lipinski Law, we tackle real-world problems faced by landowners in Indianapolis and Indiana, such as:

• Challenging government enforcement actions that could lead to costly penalties or forced cleanup requirements.
• Securing insurance coverage for contamination, storm damage, and other environmental liabilities insurers may try to deny.
• Navigating Superfund disputes and holding others accountable for their share of cleanup costs.
• Resolving compliance issues related to hazardous spills, air or water violations, and storage tank leaks.
• Pursuing litigation for environmental damage like lead paint contamination, PFAS exposure, or property destruction caused by chemical spills.

If you’re grappling with any of these challenges, Lipinski Law is here to help. Keep reading to learn how we can protect your property, your rights, and your financial future.

Defending Against Government Enforcement Actions

When landowners face enforcement actions from regulatory agencies like IDEM or the EPA, it’s essential to have experienced legal representation. These actions often involve allegations of non-compliance with environmental laws, potential fines, and demands for remediation.

How We Help Landowners

• Evaluate Allegations: We carefully examine the basis for enforcement actions to determine their validity under federal laws like the Clean Water Act (CWA) and Indiana state regulations.
• Negotiate and Advocate: Lipinski Law works to reduce fines, negotiate manageable compliance schedules, and resolve disputes with agencies efficiently.
• Protect Financial Interests: By focusing on cost-effective solutions, we help landowners balance their compliance obligations with their property rights.

The combination of federal and state oversight in Indiana can create challenges for landowners. IDEM, for example, enforces state-level environmental laws, while the EPA handles broader compliance under federal statutes. We ensure that our clients navigate these overlapping jurisdictions effectively.

Maximizing Insurance Coverage for Environmental Liabilities

Environmental damage—whether caused by industrial activities, natural disasters, or unforeseen contamination—can lead to costly remediation efforts. Lipinski Law represents Indiana landowners in disputes with insurance companies, ensuring they receive the coverage they are entitled to under their policies.

Types of Claims We Handle

• Pollution and Contamination: Claims involving spills, hazardous waste, and leaks from underground or aboveground storage tanks.
• Natural Disaster Damage: Claims for property damage caused by storms, tornadoes, hail, or lightning.
• Cleanup Costs: Pursuing coverage for remediation of contaminated soil, water, or structures.

Insurance disputes often hinge on interpreting complex policy language. Lipinski Law works to ensure that landowners receive fair treatment and recover the funds necessary for remediation and restoration.

Resolving Compliance Issues with IDEM and EPA

Compliance with environmental regulations is an ongoing challenge for landowners in regulated industries. IDEM and EPA enforcement actions may involve fines, compliance orders, or demands for remediation.

Superfund Litigation and Cost Recovery

Superfund sites, regulated under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), often involve disputes over cleanup costs and liability.

• Cost Allocation: We assist in determining financial responsibility among potentially responsible parties (PRPs) for cleanup efforts.
• Defending Against Liability: Lipinski Law defends landowners accused of contributing to contamination, ensuring that liability is fairly allocated based on evidence.
• Pursuing Cost Recovery: When our clients incur cleanup costs, we help them seek reimbursement from other PRPs or government programs.

Addressing Specific Compliance Challenges

• Hazardous Waste Management: Compliance with the Resource Conservation and Recovery Act (RCRA) for the safe handling, storage, and disposal of hazardous waste.
• Air and Water Regulations: Adherence to the Clean Air Act and Clean Water Act standards to avoid enforcement actions and fines.
• Environmental Contamination Risks: Addressing issues such as pipeline leaks, chemical spills, and landfill contamination in compliance with IDEM and EPA requirements.

Environmental Litigation for Contaminants and Property Damage

Environmental litigation often arises from disputes over contamination and property damage. Lipinski Law represents landowners in cases involving:

• Lead Paint and Asbestos: Addressing health risks and property damage caused by hazardous building materials.
• Chemical Spills and Hazardous Waste: Litigating damages from spills of oil, PFAS, creosote, and other contaminants.
• Mold and Water Damage: Pursuing claims for damages resulting from mold growth or water intrusion linked to environmental negligence.

We focus on securing compensation for remediation, property restoration, and any harm caused to the landowner or affected residents.

Emergency Response and Crisis Management

Environmental emergencies, such as chemical spills or leaks from storage tanks, require immediate attention to mitigate damage and legal risks. Lipinski Law provides round-the-clock support to help clients address these crises effectively.

Our Crisis Management Process

• Immediate Assessment: Evaluating the scope of the issue and identifying immediate safety or environmental hazards.
• Agency Coordination: Managing interactions with IDEM, EPA, and other authorities to ensure timely compliance and avoid excessive penalties.
• Remediation Planning: Working with experts to implement cost-effective cleanup solutions that meet regulatory standards.

Lipinski Law ensures that landowners navigate emergencies with confidence while minimizing long-term impacts on their property and finances.

Contact Environmental Law Attorney Arie Lipinski Today

Our founding attorney Arie Lipinski has more than a decade of experience representing business owners in Superfund and local, state and federal government cases. To find out how to put his knowledge and experience to work for you, schedule a consultation by calling 317-605-9223 or filling out the online contact form.