U.S. Environmental Protection Agency Administrator Andrew Wheeler wrapped up trilateral meetings with Canada and Mexico as part of the 25th Anniversary of the Commission for Environmental Cooperation (CEC) Council meetings in Mexico City. The meetings focused on resource efficiency, including working together to combat marine debris, and to encourage innovation and build partnerships to expand environmental protection and sustainable growth.

“I am pleased to work with my counterparts across North America to tackle some of our most pressing environmental issues such as water infrastructure and marine litter,” said Administrator Wheeler. “Our trilateral work on marine litter mitigation in communities along our shared border watersheds will help produce a toolkit and best practices that can be replicated in other North American communities and across the globe.”

In a closing trilateral statement, members of the CEC reaffirmed its determination to continue the work of protecting the environment and ecosystems, as well as to encourage innovation and build partnerships in favor of sustainable growth. Additionally, the nations agreed to increase cooperation between our countries on trade and environment priorities to protect and enhance the North American environment. The full statement is available here: http://www.cec.org/news-and-outreach/press-releases/cec-council-statement-2019

This year, Mexico hosted the Regular Session, with the participation of over 200 representatives from government, Indigenous communities, civil society groups, academia, the scientific community, and the private sector.

Of note, Administrator Wheeler announced the launch of the EcoInnovation Network. This network will facilitate the creation of innovation centers in North America with a focus on cultivating North American leaders in innovation, entrepreneurship and sustainable growth.

“Through this network, innovation centers within academic institutions in Canada, Mexico and the United States will share or secure the capacities to empower youth and communities with tools and resources to innovate and succeed in enhancing environmental stewardship,” said Administrator Wheeler.

Founding institutions of this Network include: The University of Oklahoma Tom Love Innovation Hub; The University of Oklahoma Ronnie K. Irani Center for the Creation of Economic Wealth; Concordia University, Montreal, Quebec; Universite Laval, Quebec; Simon Fraser University, Vancouver, BC; University of Waterloo, Waterloo, Ontario; University of Anahuac, Mexico City; Universidad Autonoma de Queretaro, Queretaro State.

Administrator Wheeler also had the opportunity to meet with the newly appointed Mexican Minister of Environment and Natural Resources, Victor Manuel Toledo. In their meeting, the two leaders discussed issues of mutual concern including the Border 2020 plan, Tijuana River wastewater and transboundry pollution. Administrator Wheeler also congratulated the Minister and the Government of Mexico for ratifying the USMCA.

Under the Border 2020 bi-national environmental program, the two countries agree to implement core programs to improve air quality, water quality, address solid waste, improve emergency preparedness and response, and enhance environmental compliance. This program encourages participation from communities and local stakeholders within 100 kilometers (62 miles) of the international border between the United States and Mexico.

Additionally, the issue of Tijuana waste water is of concern to both countries, and especially our communities along the border near Tijuana, Mexico and California. The North American Development Bank will be releasing a report in the coming days with results from a diagnostic study that will include infrastructure option on both sides of the border to reduce dry-weather transboundary flows in the Tijuana River.

Administrator Wheeler raised the issue with the Minister, with the goal of developing short and long-term options and strategies to increase capacity and/or replace aging infrastructure to minimize transboundry impacts. The EPA also continues to work closely with border stakeholders to find technical and financial solutions to clean up this wastewater.

INDIANAPOLIS — Governor Eric J. Holcomb announced today that the state has extended the option to decide if it will purchase land near Lawrenceburg that could be the site of the state’s fourth port.

The Ports of Indiana entered into an agreement in September 2017 to purchase up to 725 acres of land that was formerly the American Electric Power plant. That option was set to expire June 30.

The option has been extended by six months to enable the seller, Tanners Creek Development, LLC, to complete its environmental remediation plan for the site and submit it to the Indiana Department of Environmental Management. If the Ports of Indiana decides to move forward, the total cost for the land and equipment would be approximately $8 million.

Indiana has three state ports operating on the Ohio River and Lake Michigan, with locations in Jeffersonville, Mount Vernon and Burns Harbor/Portage. Over the years, the Ports of Indiana has expanded each of its ports and now operates approximately 2,800 acres along Indiana’s navigable waterways. Indiana’s ports contribute over $7.8 billion per year to the state economy and support nearly 60,000 jobs.

Katie Stancombe for www.theindianalawyer.com

Marilyn Odendahl for www.theindianalawyer.com

Survivors of the founder of the Indianapolis-based legal startup Case Pacer, who died after a fiery 2016 crash of a Tesla Model S, have filed a wrongful death lawsuit against the electric car maker, claiming the company built and sold a vehicle it knew was defective.

Kevin McCarthy’s wife and three children filed the lawsuit June 25 in Superior Court in Alameda, California. They assert the automobile’s defects, including its “unstable and inadequately protected lithium ion batteries,” “faulty door handles,” and “uncommanded acceleration,” led to McCarthy’s death after his Tesla S wrecked on Illinois Street in downtown Indianapolis on Nov. 3, 2016.

The family is seeking general damages and special damages as well as punitive and exemplary damages against Tesla, Inc.

“Kevin was a loving husband and father, a successful businessman and a pillar in his community,” said attorney Elise Sanguinetti, founding partner of Arias Sanguinetti Wang & Torrijos LLP. “He was killed because Tesla built and sold a car it knew was defective, and those known defects led to Kevin’s horrible, avoidable death.”

Arias Sanguinetti Wang & Torrijos LLP in California and Slavik Law Firm LLC in Colorado are representing the McCarthy family. The case is Stacey McCarthy et al. v. Tesla, Inc. and DOES 1 through 100, inclusive, 19C24488.

Tesla did not respond to a request for comment by IL deadline.

McCarthy had been in the process of building his company Case Pacer. After his death, the company leadership continued the business.

McCarthy was riding as a passenger in his 2015 Tesla Model S and Casey Speckman, an employee of Case Pacer, was driving. He and Speckman had been entertaining clients at the Omni Hotel in Indianapolis when they left shortly before 1 a.m. to retrieve some promotional materials they needed for the next day’s Indiana Trial Lawyers Association conference.

According to the lawsuit, Speckman lost control of the vehicle because of the uncommanded acceleration defect and, while attempting to avoid an oncoming car headed the wrong way, she drove up on the sidewalk and hit a tree. Witnesses said the car hit a wall and a fire subsequently ensured, engulfing the vehicle.

McCarthy was observed to be alive following the impact and was attempting to escape the vehicle, the lawsuit says.

However, the lawsuit says, because of the uncommanded acceleration event, the lack of effective automatic emergency braking and the ensuing crash, and the propensity of the vehicle to catch fire, as well as the defective design of the door latch system entrapping him in the vehicle, he was unable to exit the car.

As a result, according to the suit, McCarthy suffered severe thermal injuries and was exposed to toxic gases. After almost twenty minutes, the Indianapolis Fire Department extricated McCarthy and transported him to Eskenazi Hospital, where he died due to the injuries he suffered during the post-impact fire, the suit says.