Legal Opinion
Peabody Coal Co. v. Indiana Department of Natural Resources
Indiana Court of Appeals
Decided December 23, 1992No. 28A05-9203-CV-72PublishedCited by 10 opinions
1Opinion of the Court
BARTEAU, Judge.
Peabody Coal Company ("Peabody") appeals the judgment of the trial court affirming a decision of the Administrative Law Judge ("ALJ") of the Indiana Department of Natural Resources ("DNR"). Pea body raises two issues on appeal:
1. Whether the administrative agency determination was of a technical nature that should be accorded deference on review; and
2. Whether Peabody was required by Ind.Code 4-21.5-38-14(c) to prove that the best available material described in its original mining permit issued by DNR was the best available material for purposes of a proposed revision to the…
2Cases cited4 opinions
- Board of Trustees of the Public Employees' Retirement Fund v. MillerIndiana Supreme Court · 1988
- Board of Trustees of Public Employees' Retirement Fund Ex Rel. Van Natta v. BaughmanIndiana Court of Appeals · 1983
- County Department of Public Welfare of Vanderburgh County v. Deaconess Hospital, Inc.Indiana Court of Appeals · 1992
- Public Service Co. of Indiana v. Review Board of the Indiana Employment Security DivisionIndiana Court of Appeals · 1983
3Cited by10 opinions
- Ashlin Transportation Services, Inc. v. Indiana Unemployment Insurance BoardIndiana Court of Appeals · 1994
- Pierce v. State Department of CorrectionIndiana Court of Appeals · 2008
- Indiana-Kentucky Electric Corp. v. Commissioner, Indiana Department of Environmental ManagementIndiana Court of Appeals · 2005
- Commissioner of Labor v. Gary Steel Products Corp.Indiana Court of Appeals · 1994
- Indiana Department of Natural Resources v. Peabody Coal Co.Indiana Court of Appeals · 2000
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