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Court: Energy firm can pass $55M cleanup costs

•  State Bar News     updated  2017/07/05 09:37


The Ohio Supreme Court says an energy company is allowed to pass on the $55 million cost of cleaning up two polluted sites to its customers in the form of an added charge on their monthly bills.

Duke Energy has been adding $1.67 to bills in Ohio for about three years to help pay for the cleanup of two long-closed facilities in Cincinnati. A spokeswoman says the charge will likely continue for two more years.

The Supreme Court ruled last week that cleanup costs can be treated like other business expenses.

The Cincinnati Enquirer reports that Charlotte, North Carolina-based Duke Energy inherited the plants from another company. They were closed in 1928 and 1963, but cleanup had been a low priority because there was little public access to the sites.

Abduction suspect makes first appearance in court

•  Ethics     updated  2017/07/02 09:37


Hundreds of people gathered outside a federal courthouse Monday as the suspect in the kidnapping of a Chinese scholar at the University of Illinois made his first appearance since being arrested last week.

During the nine-minute hearing, 28-year-old Brendt Christensen acknowledged to the judge that he understood his rights, but did not say anything else. U.S. Magistrate Eric Long ordered Christensen held without bond in the kidnapping of Yingying Zhang. Authorities say facts in the case indicate the 26-year-old Zhang is dead, although her body hasn't been found.

Long ordered Christensen to return to the court in Urbana on Wednesday to determine bond. A preliminary hearing was set for July 14, but that would be waived if a grand jury returns an indictment before then. The federal kidnapping charge carries a maximum sentence of life in prison, according to a U.S. attorney's office spokeswoman.



The Indiana Supreme Court will decide who owns the land immediately adjacent to Lake Michigan.

Don and Bobbie Gunderson claim their land on Lake Michigan extends to the water’s edge, meaning no one can access the beach by their house without permission, the (Northwest Indiana) Times reported.

The state said it owns the land in a trust for all residents up to the “ordinary high-water mark.” The line is generally defined as the mark on the shore where the presence of water is continuous enough to distinguish it from land through erosion, vegetation changes or other characteristics.

The state was granted the land at statehood in 1816, said Indiana Solicitor General Thomas Fisher. He said the state must control beach erosion, which it can’t do effectively if nearby homeowners are allowed to claim the beach as their own.

The high court’s order granting transfer of the case vacates a 2016 state Court of Appeals ruling that established an unprecedented property-sharing arrangement between the state and lakefront landowners. All parties involved with the case agreed the appellate court’s decision was unsatisfactory and asked the state Supreme Court to rule on the matter independently.

Justices will receive written briefs and likely hear oral arguments later this year before issuing a decision, likely in 2018.

The decision will determine if visitors can walk, sunbathe and play on Lake Michigan beaches located between the water and privately owned properties next to the lake.

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