Dave Stafford for www.theindianalawyer.com

A new Indiana law requiring women to have an ultrasound 18 hours before an abortion is being challenged in court by Planned Parenthood of Indiana and Kentucky.

The 72-page suit filed in federal court Thursday argues the informed consent law the Legislature passed this year has no medical justification and creates an undue burden on a woman’s right to obtain an abortion protected by the 14th Amendment to the U.S. Constitution.

The suit was filed before Judge Tanya Walton Pratt, who last week blocked a strict new Indiana anti-abortion law from taking effect. Pratt granted a preliminary injunction before House Enrolled Act 1337 could take effect July 1. That law would have prohibited abortions because of genetic abnormality, race, sex or ancestry, and would mandate disposal of an aborted fetus only through burial or cremation.

The suit filed Thursday challenges another law that took effect July 1, Indiana Code § 16-34-2-1.1(a)(5),  that not only requires an ultrasound before a woman may have an abortion, but also requires a woman receive mandatory information prior to an abortion. Before July 1, Indiana required women getting an abortion to first have an ultrasound, but the law was amended this year to require that procedure be done at least 18 hours before the procedure.

“The requirement that women obtain an ultrasound at least 18 hours before an abortion, as opposed to allowing PPINK to continue its practice of providing one immediately prior to the abortion, provides no health benefit to women and serves only to place a substantial obstacle to obtaining an abortion,” said Ken Falk, legal director of the American Civil Liberties Union of Indiana, which represents Planned Parenthood in the litigation, in a statement announcing the lawsuit. “This law, therefore, is an unconstitutional undue burden on abortion access.”

The suit says the new law will force many women to make two lengthy trips to obtain an abortion or pay for an overnight stay. Planned Parenthood says in the lawsuit it operates 23 health centers around Indiana that provide health services for men and women, but provides surgical abortions in only three locations and medication abortions in one. Only the four centers that perform abortions have ultrasound equipment.

“Last week, the Supreme Court (of the United States) made perfectly clear that restrictions that serve no purpose except to put obstacles in the path of a women (sic) trying to end a pregnancy cannot stand,” said Jennifer Dalven, director of the Reproductive Freedom Project with the ACLU, in the statement. “Make no mistake about it, this Indiana law is just another example of an unnecessary restriction that is blatantly unconstitutional.”

At a news conference after Pratt struck down HEA 1337 last week, Falk said ACLU and Planned Parenthood were examining other Indiana anti-abortion laws for possible challenges in light of the U.S. Supreme Court’s ruling that struck down a Texas law restricting access to abortion.

“Ultrasounds are an essential part of our medical practice,” said Betty Cockrum, president and CEO of Planned Parenthood of Indiana and Kentucky, in the statement. “We wish Indiana’s politicians would leave the practice of medicine to doctors and health care providers rather than interfering yet again. The 18-hour requirement is unduly burdensome and adds no value in a state already fraught with difficult and unnecessary regulations regarding a truly safe and legal procedure.”

“Whenever plaintiff’s lawyers seeking fees file civil lawsuits against state government agencies challenging a statute that the people’s elected representatives in the Legislature have passed, the Attorney General’s Office as the lawyer for state government represents the state entities in court and is obligated to defend the statute; and the Office will provide a vigorous defense,” said Bryan Corbin, spokesman for Indiana Attorney General Greg Zoeller. “Assertions in a civil lawsuit are the opinion of the plaintiff’s lawyers filing them and may be refuted in court. Mindful of the fact that the Legislature has policymaking authority, we will review the plaintiff’s lawyers’ assertions with our client and will file a response in federal court at the appropriate time.”

The case in the U.S. District Court for the Southern District of Indiana is Planned Parenthood of Indiana and Kentucky. v. Commissioner, Indiana State Department of Health; Prosecutors of Marion, Lake, Monroe and Tippecanoe Counties, 1:16-cv-1807.

USDA Announces $49 Million Public-Private Investment to Improve Wetlands in 12 States

WASHINGTON, July 7, 2016 – Agriculture Secretary Tom Vilsack today announced that USDA is awarding $44.6 million through its Wetland Reserve Enhancement Partnership to support 10 wetland enhancement projects on private and tribal agricultural lands in 12 States. Recipients for each project are providing more than $4.3 million in matching funds, bringing the total investment to approximately $49 million. In total, the projects will help to protect, restore or enhance 15,000 wetland acres in critical watersheds across the United States.

“USDA is committed to protecting and enhancing our nation’s wetlands, which are critical to the quality of our nation’s waters, wildlife and landscapes,” said Vilsack. “By collaborating with private partners at the local and regional level, USDA is able to support innovative conservations solutions and expand the amount of dedicated resources. These are high impact projects that will ensure our land and water resources are healthy now and for the next generation.”

The Wetland Reserve Enhancement Partnership (WREP) was authorized by the 2014 Farm Bill and is administered by USDA’s Natural Resources Conservation Service (NRCS). WREP helps States, local governments, Tribes and other organizations collaborate with NRCS to work with private and Tribal landowners to voluntarily enroll eligible land into conservation easements that protect, restore and enhance wetlands on their property. WREP is a special enrollment option under the Agricultural Conservation Easement Program (ACEP).

Wetland reserve easements enable landowners to successfully reduce impacts from flooding, recharge groundwater, enhance and protect wildlife habitat and provide outdoor recreational and educational opportunities. The voluntary nature of NRCS easement programs allows effective integration of wetland restoration on agricultural land, providing benefits to farmers and ranchers who enroll in the program, as well as benefits to the local and rural communities where the wetlands exist.

Projects announcement today bring together partners leveraging technical and financial resources to address local concerns, such as water quality and flooding. Since 2009 private landowners, tribes and entities like land trusts and conservation organizations have enrolled nearly 1.3 million acres in NRCS wetland easement programs for a total NRCS investment of $3.2 billion in financial and technical assistance.

Today’s announcement includes projects in Arkansas, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, Tennessee, Washington and Wisconsin.

A full list of projects funded is available on the WREP website. Examples include:

Iowa: Partners will address both long-term wetland restoration in the prairie potholes region and assist flood-affected landowners in the Iowa and Cedar River watersheds. The partnership will protect and restore up to 580 acres of prairie pothole wetlands and associated tallgrass prairie uplands on five sites within Prairie Pothole Joint Venture Priority Areas and Ducks Unlimited Living Lakes Initiative Emphasis Areas. Partner contributions will nearly double the acres of wetlands that will be protected and restored. NRCS plans to invest $3 million in this project.

Louisiana: Over the next three years, partners will enroll up to 2,100 acres of new conservation easements in seven Mississippi River Basin Initiative watersheds. Benefits to the region include increasing habitat for fish and wildlife, improving water quality by reducing nutrient and pesticide application, reducing flooding, recharging ground water and providing outdoor recreational opportunities. Significant wildlife benefits include restoration of critical habitat for the Louisiana black bear, migratory waterfowl and wetland-dependent wildlife. Special consideration will be given to historically underserved producers. NRCS plans to invest $5.1 million in this project.

New Hampshire: Due to projected increases in housing density by 2030, the U.S. Forest Service identified the Merrimack and Piscataqua-Salmon Falls River Watersheds as two of the most threatened watersheds in the nation. The goal of this project is to permanently protect, enhance and restore approximately 500 acres of wetlands, floodplains, riparian areas and upland forests in this rapidly developing area. The project will target priority wildlife habitat for the state-endangered Blanding’s turtle and New England cottontail as well as critical water resources providing multiple benefits to local communities. NRCS plans to invest $1.6 million in this project.

Tennessee: Partners in six states will enroll an additional 5,000 acres in conservation easements to improve water quality, expand habitat for federally protected species, reduce soil erosion and provide additional outdoor recreation opportunities. This is the third phase of work begun in 2012 that is on track to enroll more than 20,000 acres by 2019. The project area includes portions of 35 counties/parishes bordering the Mississippi River in Arkansas, Kentucky, Louisiana, Mississippi, Missouri and Tennessee. NRCS plans to invest almost $12.2 million in this project.

Visit NRCS’s ACEP webpage to learn more about NRCS’s wetland conservation opportunities.

Since 2009, USDA has invested more than $29 billion to help producers make conservation improvements, working with a record 500,000 farmers, ranchers and landowners to protect land and water on over 400 million acres nationwide. For an interactive look at USDA’s work in conservation and forestry over the course of this Administration, visit USDA Results: Caring for our Air, Land and Water.