Summary

Scott has over 25 years of experience representing clients concerning all aspects of environmental law, with an emphasis on Clean Air Act, Clean Water Act, RCRA, CERCLA and Endangered Species Act compliance and liability issues; CAA, CWA, RCRA, and ESA permitting; compliance with the federal Coal Combustion Residuals Rule; Brownfields redevelopment; environmental audits; renewable energy issues; underground storage tank regulations; civil and criminal enforcement actions; toxic tort litigation; environmental insurance coverage negotiation and litigation; strategic regulatory planning (including issues involving greenhouse gas reporting and compliance); and negotiation of environmental issues (including liability transfer and management) in business, M&A, redevelopment, and real estate transactions.

Scott has served as principal counsel for major utilities such as Duke Energy and Alliant Energy with respect to environmental permitting and compliance issues under the CAA, CWA, and RCRA (including the Federal CCR Rule) in Indiana, Ohio, Kentucky, Florida, Wisconsin, and Iowa. In addition, he has represented clients in New Source Review and Prevention of Significant Deterioration litigation in several states. See Sierra Club v. Duke Energy Indiana, Inc., 2010 WL 3667002, No. 1:08-cv-437-SEB-TAB (S.D. Ind. 2010) (In a ruling with national significance, the court granted summary judgment for Duke Energy after extensive discovery, finding that plaintiff’s NSR, PSD, and Title V permit claims constituted an improper collateral attack and had no legal basis); see also In the matter of Objection to Issuance of Significant Source Modification Permit (Cause No. 08-A-J-4066, Indiana Office of Environmental Adjudication) (administrative litigation regarding a $3 billion facility's BACT and emission netting permit challenges); Sierra Club v. Wisconsin Power and Light Company (Case No. 3:10-cv-00511-wmc, United States District Court, Western District of Wisconsin); Sierra Club v. Wisconsin Power and Light Company (Case No. 2:10-cv-00835-aeg, United States District Court, Eastern District of Wisconsin); United States EPA and Sierra Club v. Interstate Power and Light Company (pre-litigation matters); and U.S. v. Cinergy et. al. (S.D. Ind. 1999). 

Scott's practice also includes the representation of airports, including the Indianapolis International Airport, with respect to environmental, aircraft noise, and runway expansion issues. Notably, he argued and won Indiana's seminal case on aviation noise and inverse condemnation in the Indiana Supreme Court. See Biddle v. Indianapolis Airport Authority et. al., 860 N.E.2d 570 (Ind. 2007). Scott's practice additionally focuses on business and complex litigation, with an emphasis on contractual disputes, business separation litigation, trade secret violations, inverse condemnation claims, covenant-not-to-compete enforcement, and other general litigation. 
 
Scott is recognized in Best Lawyers in America® 2017 for Environmental Law; Litigation - Environmental and has been recognized as an Indiana Super Lawyer. He is a graduate of Wabash College, B.A., 1989 (summa cum laude, Phi Beta Kappa) and Indiana University School of Law, J.D., 1992 (summa cum laude, Indiana Law Review).

Awards

All Service Areas

Education

  • Indiana University - Robert H. McKinney School of Law (1992)
  • Wabash College (1989)

Admissions

  • Federal - 7th Circuit Court of Appeals
  • Federal - 3rd Circuit Court of Appeals
  • Federal - U.S. Supreme Court
  • Federal - Northern District of Indiana
  • Federal - Southern District of Indiana
  • State - Indiana

Professional Affiliations

  • American Bar Association Environmental and Litigation Sections
  • Indiana State Bar Association Environmental, Litigation, and Agricultural Sections
  • Indianapolis Bar Association Member

Community Involvement

  • Boone County Economic Development Council Member
  • Indianapolis Executive Airport Authority

    Board Member

  • St. Luke’s United Methodist Church, Indianapolis Board of Trustees