How to Appeal

If you disagree with an IDEM decision, such as a permit, formal enforcement action, plan approval or denial, or a decision on an exemption request, you may request that the decision be reviewed by an independent administrative law judge. Only persons who are “aggrieved or adversely affected” by the IDEM decision may request review. If an IDEM decision is a kind of decision that may be reviewed, the letter informing you of the decision should include specific instructions for how to file a Petition for Administrative Review.

To “appeal” an IDEM decision, a Petition for Administrative Review must be filed within a certain time, depending on the decision, with the Office of Environmental Adjudication (OEA). OEA is a completely separate agency that is independent of IDEM.

A citizen does not need an attorney to appeal an IDEM decision, but filing at OEA initiates a legal proceeding, and IDEM attorneys from the Office of Legal Counsel will be representing IDEM’s interests. It is recommended that anyone filing a Petition for Administrative Review is represented by legal counsel.

Specific instructions for filing a Petition for Administrative Review are in Indiana Code 4-21.5-3-7. IDEM and OEA are separate agencies but both are located in the same building. In order to properly file your petition, you must:

Send the petition to:

Office of Environmental Adjudication
Indiana Government Center North Suite N103
100 North Senate Avenue
Indianapolis, IN 46204-2251

Send a separate copy of the petition to:

Indiana Department of Environmental Management
Commissioner’s Office
Indiana Government Center North Room 1301
100 North Senate Avenue
Indianapolis, IN 46204-2251