Jeffrey D. Stemerick
JEFFREY D. STEMERICK is an associate in Taft’s Indianapolis office and a member of the firm’s Environmental, Appellate, and Litigation groups. His practice focuses on defending clients in complex environmental, construction, and business litigation at both the trial and appellate level. Jeff has extensive experience providing the full range of litigation services in federal and state court, including pretrial discovery, summary judgment advocacy, trial advocacy, and appellate advocacy. He also has experience representing clients in administrative enforcement proceedings. In addition to his litigation practice, Jeff also advises clients on a variety of environmental compliance, permitting, and enforcement issues. He also represents clients in real estate and commercial transactions by assisting with environmental due diligence and providing advice on limiting potential environmental liabilities.
Jeff has experience with a variety of environmental statutory schemes, including Indiana’s Environmental Legal Action Statute, CERCLA, RCRA, the Clean Air Act, Clean Water Act and underground storage tank laws. He has also represented clients in both state and federal court in cases involving a variety of other business issues, including construction disputes, products liability, insurance coverage disputes, misappropriation of trade secrets, breach of warranty under the Uniform Commercial Code, breach of contract, business torts, landlord-tenant issues, defamation, and constitutional law.
Jeff graduated from Indiana State University (B.S., magna cum laude) in 2007. He earned his Juris Doctorate, magna cum laude, from Indiana University Maurer School of Law in 2010, where he was editor-in-chief of the Indiana Law Journal and champion of the Sherman Minton Moot Court Competition. Prior to joining the firm, Jeff served as law clerk to Chief Justice Randall T. Shepard of the Indiana Supreme Court.
Jeff is the past chair of the Indianapolis Bar Association Environmental Section’s Executive Committee and a member of the Indianapolis Bar Association’s Insurance Coverage Section’s Executive Committee. He also sits on the board of directors of the Center for Global Impact, a local faith-based nonprofit relief-and-development organization.
- Defended prior landowner against claims brought by current landowner under Indiana’s Environmental Legal Action Statute. Case went to bench trial in Marion Superior Court. Argued and prevailed on a Trial Rule 41(B) motion to dismiss at the close of the plaintiff’s evidence. Successfully defended appeal, which resulted in published opinion.
- Briefed, argued, and prevailed on summary judgment motion for employer in Marion Superior Court on claims of defamation and other torts brought by former employee. Successfully defended appeal, which resulted in published opinion.
- Briefed, argued, and prevailed on summary judgment motion on professional malpractice claims against engineering firm brought in Marion Superior Court.
- Defended engineering company in breach of contract and negligence claims stemming from a failed retaining wall.
- Defended engineering subcontractor from preconstruction claims related to negligent design.
- Represented manufacturer in declaratory judgment action in federal court seeking insurance coverage for alleged CERCLA liabilities.
- Represented manufacturer in multiple suits alleging property damage due to allegedly defective product.
- Assisted team defending electric utility from Clean Air Act new source review violations alleged by EPA and citizens’ groups.
Defense of Enforcement Actions
- Defended landowner against underground storage tank violations alleged by IDEM.
- Worked with team defending manufacturer and negotiating consent decree with EPA after manufacturer received special notice of CERCLA liability.
- Worked with team defending entity for alleged NPDES violations asserted by IDEM and drafted agreed order.
- Worked with team defending entity from alleged Clean Air Act emissions violations asserted by EPA.
Regulatory Compliance and Permitting
- Advises clients on application of coal combustion waste rules.
- Advises clients on application of NPDES permitting rules.
- Obtained Comfort Letters and Prospective Purchaser Agreements for potential purchaser of contaminated site.
- Regularly advises clients on liabilities for ownership, leasing, and licensing of contaminated sites under CERCLA and state laws and options for minimizing liability.
- Advises clients on applicability of Clean Air Act permitting requirements.
- Advises clients on applicability of Indiana’s solid waste regulations.
- Prepared responses to EPA request for information under Section 114 of the Clean Air Act.
- 5200 Keystone Ltd. Realty, LLC v. Filmcraft Laboratories, Inc., 30 N.E.3d 5 (Ind. Ct. App. 2015)
- Ali v. Alliance Home Care, LLC, 53 N.E.3d 420 (Ind. Ct. App. 2016)
- Thor Indus., Inc. v. Ind. Dep’t of State Revenue, No. 49T10-1508-TA-00027, 2016 WL 5369605 (Ind. Tax. Ct. Sept. 23, 2016) (entering appearance after discovery dispute arose)
Recent Publications, Articles and Presentations
- Speaker, Indiana Environmental Conference, Environmental Audits, Self-Disclosure, and Environmental Inspections (2015)
- Author, Wisconsin District Court Paves the Way for Apportionment of Harm Under CERCLA in the Seventh Circuit, Environmental Law Insight (2015)
- Speaker, Indy Bar CLE, The Greenhouse Grinch: EPA’s Proposed Greenhouse Gas Regulations Explained (2014)
- Author, Indiana Challenges EPA Carbon Rules, Environmental Law Insight (2014)
- Speaker, Find it Free and Fast on the Net: Strategies for Legal Research on the Web, Government Internet Resources: Federal, State, and Local (2014)
- Author, Court Prevents the EPA from Delaying Rules for Boilers and Incinerators, Environmental Law Insight (2012)
- Author, EPA Issues Final Utility MACT Rule, Environmental Law Insight (2012)
- Author, Summary of CO NAAQS Rule Published August 31, 2011, Environmental Law Insight (2011)
- Author, EPA Finalizes Cross-State Air Pollution Rule, Environmental Law Insight (2011)
- Author, New EPA Rule For Confidential Business Information Reported With Greenhouse Gas Data, Environmental Law Insight (2011)
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