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 13-11-2-71
- Waste management laws IC 13-19
- Water pollution control laws IC 13 11-2-261
- Petroleum storage tank excess liability trust fund (ELTF) IC 13-23-7-1
For OEA to review an IDEM decision, a Petition for Administrative Review must be timely filed and thereafter litigated before an OEA Administrative 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.