Indiana is the second most polluted state in the nation. (Forbes, Oct 2007) It faces many environmental problems including industrial waste, diminishing wetlands and wildlife habitat due to irresponsible and unsustainable land development, water pollution from factory farms and industry, air pollution from coal-fired power plants, urban sprawl, invasive species, unregulated pesticide use and agricultural run-off.

Environmental degradation is particularly rampant in northwest Indiana. Along the shores of Lake Michigan are three coal-fired power plants, the giant U.S. Steel and Mittal Steel plants, and scores of related industries. EPA has issued over 250 pollution permits to industries in this area allowing these facilities to release tons of toxic chemicals and polluting wastes into the Lake Michigan ecosystem. To compound matters, these industrial facilities are located in economically disadvantaged areas such as East Chicago, Gary and Burns Harbor where residents lack economic and political power and, until LEAF opened its doors, had no real access to the courts.

Further exacerbating these problems, the Indiana Department of Environmental Management (IDEM), the state agency responsible for protecting the environment, is underfunded, understaffed, politicized and has curtailed its efforts to enforce environmental laws. Without citizen or agency enforcement, polluters are allowed to damage natural resources with impunity.

LEAF was founded to provide low-cost legal services to environmental activists and organizations in Indiana. Prior to LEAF’s establishment, environmental groups worked to create new state laws, educate the public and generate media coverage. The strength of this approach is that these groups support significant lobbying efforts, place members on zoning and environmental review boards, and monitor the activities of IDEM and regional polluters.

However, when political action and education fail, groups must have access to representation in court by lawyers with expertise in environmental and land use law. An effective strategy must include litigation along with grassroots organizing. None of these groups were able to use litigation extensively in their advocacy strategies because they had no access to free or low cost lawyers. LEAF is now working to fill this need.