13-30-1-5. Intervention
Sec. 5. In an administrative, a licensing, or any other proceeding, and in an action for judicial review of an administrative, a licensing, or any other proceeding that is made available by law: (1) the attorney general; (2) a state, city, town, county, or local agency or officer vested with the authority to seek judicial […]
13-30-1-6. Consideration of Impairment, Pollution, or Destruction of Environment
Sec. 6. In the administrative, licensing, or other procedure, the agency shall consider the alleged significant impairment, pollution, or destruction of the environment of Indiana. A program, a product, or conduct that: (1) has; or (2) is reasonably likely to have; the effect of impairing, polluting, or destroying the environment may not be authorized, approved, […]
13-30-1-7. Judicial Review
Sec. 7. In an action for judicial review of proceedings described in section 4 of this chapter, the court shall, in addition to other duties imposed upon the court by law, grant review of claims that the conduct, program, or product under review: (1) has impaired, significantly polluted, or destroyed the environment of Indiana; or […]
13-30-1-8. Respondent’s Burden
Sec. 8. (a) In an action under this chapter, whenever the petitioner has made a prima facie showing that the conduct of the respondent has or is reasonably likely to impair, pollute, or destroy the environment of Indiana, the respondent has the burden of establishing the following: (1) If there is an applicable rule adopted […]
13-30-1-9. Venue
Sec. 9. An action under this chapter must be brought in a circuit or superior court in the county in which the significant pollution, impairment, or destruction is alleged to have occurred. [Pre-1996 Recodification Citation: 13-6-1-3.] As added by P.L.1-1996, SEC.20.
13-30-1-10. Master or Referee; Appointment
Sec. 10. The court may appoint a master or referee, who must be a disinterested person and technically qualified, to take testimony and make a report to the court in the action. The costs of the master or referee may be apportioned to the parties if the interests of justice require. [Pre-1996 Recodification Citation: 13-6-1-4.] […]
13-30-1-11. Temporary and Permanent Equitable Relief
Sec. 11. The court may: (1) grant temporary and permanent equitable relief; or (2) impose the conditions upon the respondent that are required to protect the environment of the state from pollution, impairment, and destruction. [Pre-1996 Recodification Citation: 13-6-1-5.] As added by P.L.1-1996, SEC.20.
13-30-1-12. Failure to Intervene; Effect
Sec. 12. (a) In an action in which a petitioner or an intervenor seeking judicial adjudication as provided by this chapter has failed to intervene in an administrative, a licensing, or other similar proceeding, the court may: (1) remit the petitioner or intervenor to the proceeding for amplification of the record in the proceeding; and […]
13-30-1-3. Maintenance of Action; Agency Not Required to Be Joined as Party
Sec. 3. (a) An individual or entity that is identified in section 1(2) through 1(4) of this chapter and that brings an action under section 1 of this chapter may not maintain the action unless: (1) none of the agencies that receives notice of the action under section 2 of this chapter: (A) commences an […]
13-30-1-4. Hearing; Final Determination; Appeal
Sec. 4. If the administrative agency that has jurisdiction and that is given notice by the attorney general under section 2 of this chapter: (1) holds a hearing; and (2) makes a final determination; after receiving the notice, an appeal from the agency’s action may be taken in the manner prescribed by law. [Pre-1996 Recodification […]