Opinions Aug. 10, 2015

August 10, 2015

7th Circuit Court of Appeals
United States of America v. Dennis R. Williams and Leslie Ann Williams and Indiana Dept. of Revenue and Clark County Indiana
Appeal from U.S. District Court, Southern District of Indiana, New Albany Division
Chief Judge Richard Young
Civil. Affirms order the property belonging to the Williamses be sold and the receipts divided among the Internal Revenue Service, the state of Indiana and Clark County. Finds the U.S. secretary of the treasury did authorize the proceedings and the attorney general did direct the action to commence. Holds the Williamses did receive notification of the amount of taxes they owed. Rules the state and county claims belong in the proceeding. Concludes the District Court’s decision is sensible and not an abuse of discretion.

The following opinion was issued after IL deadline Friday.
State of Indiana v. Environmental Protection Agency
Agency action. Finds Indiana has standing to appeal an EPA ruling allowing revisions to Illinois’ vehicle emissions testing that Indiana argued resulted in the Chicago area’s nonattainment for ozone pollution, but denies Indiana’s petition. (The area as defined by EPA includes Lake and Porter counties in Indiana.) EPA did not act arbitrarily and capriciously in approving Illinois’ revised state improvement plan.

Indiana Court of Appeals
Paris V. Collins v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of work-release placement and remand to Department of Correction.

Keith Bullock, Jr. v. State of Indiana and Indiana Bureau of Motor Vehicles (mem. dec.)

Miscellaneous. Affirms denial of petition to reinstate driving privileges.