The Office of Environmental Adjudication (OEA) was created in 1995 by Ind. Code 4-21.5-7 (hereafter IC). Except as provided in IC 14-10-2-2.5, an Environmental Law Judge is the ultimate authority for review of agency actions of the Indiana Department of Environmental Management (IDEM). See 315 IAC 1-1-1.
OEA is required to conduct adjudicatory hearings necessary to implement the IDEM's
- Air pollution control laws IC 13-11-2-6
- Environmental management laws IC 13-111-2-71
- Waste management laws IC 13-19
- Water pollution control laws IC 13-11-2-261
For OEA to review an IDEM decision, a Petition for Administrative Review must be timely filed and thereafter litigated before an OEA Environmental Law Judge. A Petition generally falls into one of three categories: appeal of enforcement actions brought by IDEM, appeal of an IDEM decision to issue or deny a permit, or appeal of an Excess Liability Trust Fund determination.
For information on IDEM's functions see https://www.in.gov/idem/files/citizens_guide.pdf.
The OEA director, Mary Davidsen, also serves as OEA's Chief Environmental Law Judge. The Director is selected by the Governor from a list of candidates recommended by a five-member panel pursuant to criteria described in IC 4-21.5-7-4. Both Judge Davidsen and Environmental Law Judge Lori Kyle Endris exercise jurisdiction of pending matters before the OEA. The qualifications of OEA's judges can be found here. OEA's Legal Administrator is Sara C. Blainbridge.