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COA affirms ruling in favor of mining company, DNR

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The Indiana Court of Appeals has upheld the decision to release a surface mining reclamation bond obtained by a mining company, finding the reclamation requirements of the Indiana Surface Mining Control and Reclamation Act have been satisfied.

Squaw Creek Coal Co. was formed partly by Alcoa Inc. to mine coal from the Squaw Creek Mine. The coal was used to power Alcoa’s nearby aluminum production facility. In the 1960s and 1970s, Alcoa used abandoned haul roads in the mine to dispose of waste generated at its facility in coordination with the Indiana Department of Health. SCCC later obtained a permit to mine more of Squaw Creek Mine, and secured reclamation of the land with a bond.

At a public hearing on whether to release portions of the bond after active mining ended, concerns were raised about the disposal of Alcoa’s waste. The Indiana Department of Natural Resources approved the bond release, finding the threat of pollution wasn’t the type of impact anticipated by the bond requirements. An administrative law judge affirmed the decision to release parts of the bond, but vacated the DNR decision to affirm the release on other portions.

SCCC petitioned the trial court for judicial review, and the trial court reversed. Bill Musgrave, a former coal miner, appealed the trial court order in favor of SCCC and the DNR on SCCC’s petition for judicial review.

Musgrave filed a motion to dismiss SCCC’s petition for judicial review for lack of jurisdiction because the company did not serve summonses upon the NRC, the DNR, and the Indiana attorney general, and it didn’t pay the Marion Superior Court filing fee. The trial court denied the motion, which the appellate judges upheld. In Bill Musgrave v. Squaw Creek Coal Co. and Indiana Dept. of Natural Resources, No. 49A05-1104-MI-164, Judge L. Mark Bailey pointed out that the Indiana Administrative Orders and Procedures Act makes no mention of a filing fee and the Marion Superior Court prescribed no filing fee in this case. The judges also found SCCC’s process and service of its petition to be sufficient.

Musgrave is not collaterally estopped from challenging the DNR’s decision to release the reclamation bond on Permit S-008, as DNR and SCCC had argued, because the jurisdictional issue regarding Alcoa’s hazardous wastes was not necessarily adjudicated in the prior proceeding.

The trial court did not err by reversing the ALJ’s order and remanding for entry of judgment in favor of SCCC and the DNR. There is no genuine issue of material fact that SCCC met the Phase III release requirements of the Indiana Surface Mining Control and Reclamation Act, wrote Bailey, and SCCC also satisfied the requirements of the Indiana Administrative code and its own permit.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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