Manufacturing News
September 19, 2026
September 19, 2026 · Vermillion County · Story 2 of 5
Duke Energy Indiana Supreme Court Case: Your Trade Association's Standing May Be Narrowing
On September 18th, the Indiana Supreme Court heard oral arguments in a Duke Energy case out of Vermillion County that could significantly restrict how Indiana trade associations intervene in IURC proceedings and state agency dockets on your behalf.
The legal question: can organizations like Citizens Action Coalition sue on behalf of members without naming an individually injured plaintiff? Barnes & Thornburg attorney Peter Rusthoven argued for Duke that no association can proceed without an actually injured party on the record. Earthjustice attorney Kirti Datla defended CAC's and Vote Solar's standing. A coalition of 14 national and state business groups filed a pro-standing amicus brief, because a ruling against CAC would likely force trade associations to name individually injured member companies as co-plaintiffs before they can intervene in any IURC docket.
That is a real operational change even if it does not eliminate standing outright. A ruling could drop before the March AES Indiana rehearing.
What to do now: Identify which trade associations you rely on for IURC intervention. Determine now whether you have a fallback strategy if those groups are forced to restructure how they intervene in rate cases and agency proceedings.
For your morning huddle
- Q
What does the Indiana Supreme Court Duke Energy case mean for trade associations fighting utility rate hikes?
The case asks whether organizations like Citizens Action Coalition can intervene in state proceedings without naming an individually injured member as a plaintiff. A ruling against associational standing would likely force Indiana trade associations to restructure how they intervene in IURC dockets, potentially requiring named member companies as co-plaintiffs before they can formally oppose a rate case.
From the brief, September 19, 2026
- AES Indiana Rate Rehearing (Cause No. 46258): The January Increase Is Locked
- Duke Energy Indiana Supreme Court Case: Your Trade Association's Standing May Be Narrowing
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- Slate Auto Warsaw Factory (Kosciusko County): First Deliveries Targeted Q4 2026, With Material Caveats
- Saab T-7A West Lafayette Plant (Tippecanoe County): Full-Rate Production Pushed to 2029
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