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COA clarifies and affirms original opinion in environmental cleanup case

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The Indiana Court of Appeals granted the request of the city of Indianapolis and the Department of Environmental Management to take another look at its opinion issued in April that allowed businesses that neighbored a contaminated property to intervene in the cleanup case. But the judges affirmed the court’s original decision in all respects.

In the April decision, the appellate court addressed the effect of the simultaneous trial court proceedings and administrative proceedings before the Office of Environmental Adjudications regarding the same issue. IDEM and the city brought civil actions against Ertel Manufacturing, which resulted in an administrative settlement agreement and a settlement approved by the court.

Threaded Rod Co. and Moran Electric Service Inc., which had property located near the contaminated Ertel site, sought to intervene in the trial court action against Ertel. The Court of Appeals allowed the companies to intervene and held the trial court should retain jurisdiction over the entire case until the OEA reaches a final decision on the companies’ pending administrative petitions regarding a no further action letter.  Then, the trial court should make a decision regarding the disbursement to the city of remaining escrow funds.

In Moran Electric Service, Inc., and Threaded Rod Company, Inc. v. Commissioner, Indiana Department of Environmental Management, City of Indianapolis, Ertel Manufacturing Corp., 49A02-1305-MI-432, IDEM and Indianapolis argue that the judges misinterpreted the trial court’s role in this action. They argue the trial court could not order the release of the escrow funds. But the trial court did approve the settlement agreement, and so their argument fails under the doctrine of invited error.

The judges found that IDEM and the city have misplaced reliance on I.C. 13-25-4-23 because the statute does not allow IDEM to perform remedial actions and obtain damages from a party through an administrative order.

Finally, the judges noted it did not matter if they mischaracterized Threaded Rod and Moran as “adjacent property owners,” because the opinion also noted that they were “former or current owners of adjacent properties.” Regardless of the language, they are subject to possible liability for the contaminants on those properties, the judges held.
 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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