IDEM -
Office of Environmental Adjudication
Environmental Justice
(The opinions expressed on this website are not of IDEM’s or any other governmental agency. They are based upon the past interactions between LPETAG, local government, IDEM, and DNR. The data presented here should never be construed as legal advice. The data is compiled public information from public websites, subject to change without notice posted here.)
 

Our group has been communicating with the O.E.A. for quite some time. Everyone at the Office of Environmental Adjudication has always been very pleasant and gracious.

Indiana has approximately 26% of its population with indigent status. This department is an avenue for citizens to easily get involved with environmental protection.

There are hundreds of permits issued every year in Indiana. By staying in contact you can easily voice your opinion on concerns of a permit being issued.

There are many rules to gaining a permit and most all permits have a 30 day public comment period.

The very simple truth is if you don’t like what is going on speak out. You do have to have a valid reason. Stating: ‘I don’t like it’; ‘It is unfair’; or similar doesn’t hold much water with laws and rules. You have to be able to state why you don’t like it: A toxic gas may descend upon an area school within the plume zone; the engineer of the project left out a wetland on his map that the output will enter; there is a county ordinance mandating a letter of need; no real benefit to the surrounding area; corruption of a wetland. These are examples only of potential reasons for stopping a permit.

Many things are allowed by State law and rules. If you don’t agree with the Rules lobby your County Commissioners, State Representatives and Senators, The IDEM Board that passed the rule.

Education is the power to reduce pollution.

• By putting scraps of food that you aren’t going to save outside for the wide animals reduces garbage.
• Not buying individually wrapped items saves a massive amount of garbage.
• You wouldn’t knowingly drink Hemlock - however people do burn leaves that contain high levels of toxins from acid rain.
• If you knew that using less electricity may save your child from, cancer, leukemia, MS, MD, and vast of other nervous system disorders - Would You?

I have been able to reduce my garbage to the street down to one bag every month or less. There are two adults, two children, 4 cats and a dog living here. Simply by watching what I put where and what I buy makes a huge difference. Next we need to convince garbage collectors to charge per service and not weekly.

The OEA, it seams to us, was originally designed for companies to fight IDEM decisions. It appears to be converting to also allow citizens to speak out against permits issued to companies. LPETAG has had great success in bringing forward abuses of Rules to the attention of IDEM-OEA and DNR hearing officers.

Many State Environmental Rules are designed to benefit environmentally challenged areas. Sadly some land developers, lawyers and engineers have found use of these laws solely to make a profit.

LaPorte County is so far from Indianapolis that many companies are used to saying they will do something and have no one watch over them. They have had a pretty good free run here.

Another situation is when a project is presented to the local government and only the pro side is presented. You have to speak out if you want your side heard. Complaining after the fact is too late. Decisions are made only with facts ‘AT HAND’. If you don’t present anything then guess what? The project is moving forward with or without you!

Want to pay less taxes and help prevent future tax burdens?
Help clean up your mess. Stop depending so much on the government for what you can do yourself.

You may find additionally helpful information on the links page.

What to expect at the OEA?

The OEA is restricted to certain jurisdictional areas by statute. Your cause may have no place in their court room. Yes, the OEA is a State Court. This not a simple hearing in a local office and a much higher court system than going to Small Claims Court.

You not only have to submit technical information to support your cause; you must also be ready to argue those points in a court room environment.

If you decide to walk in “pro-se” expect to be questioned by seasoned attorneys, call witnesses, submit evidence, draft court documents and all the other attorney type duties. You need to be aware of court room procedures. A suggestion may be to visit the Superior Courts in your county and take notes on the proceedings. Pull case files and look through them to understand the world you are about to enter. This is not a light task. Simply filing a single sheet requesting an “Administrative Review” is not the end and someone else takes over. That document was the easiest one to file. Now comes the rest. 

Read the past opinions and orders at the OEA web site.

Another real surprise to you, if you are going against an issued permit is that IDEM will be represented by their own lawyer to defend IDEM’s position. If you take a look at the IN State Phone Book you will discover that IDEM has a very large law team.

This is not an insurmountable situation. Be prepared and be aware of what you are instigating when you file that little sheet of paper requesting an “Administrative Review”, in reality you are causing a suit; against a State Agency; in a Court room.

Be informed and be aware. Read the Indiana Trial Rules for Civil (the first 80 Trial Rules), read the Administrative Rule Drafting Manual, sit in on court rooms, read through some of the cause records in the county clerks office. There are State rules for everything in court room matters and everyone has to follow them; .

After reviewing many on-line decisions of the OEA it is apparent that many people do not provide a way for relief. Meaning the petitioner did not state an alternative to the situation, or a valid grievance of how they were being harmed. Additionally many decision where due to lack of response by the petitioner. The OEA is not an office that you file a complaint and let them deal with it. It is a COURT ROOM. You have to follow through and argue your case with a valid point for how relief can be granted.
This is not legal advice. This is information publicly listed in the Trial Rules of Indiana.

This is not the fault of a Judge in ANY court of the land.

 Rules are Rules. 

Be informed and understand what you are doing at any point.