Legal Opinion

Indiana Department of Natural Resources v. Peabody Coal Co.

Indiana Court of Appeals

Decided July 28, 1995No. 87A05-9402-CV-53PublishedCited by 12 opinions

1Opinion of the Court

OPINION

RUCKER, Judge.

The Department of Natural Resources issued a citation to Peabody Coal Company for alleged violations of certain provisions of the Indiana Surface Mining Control and Reclamation Act. An Administrative Law Judge affirmed the violations and on review the trial court set aside the decision. The DNR now appeals raising five issues which we consolidate and rephrase as follows:

1) Did the trial court err in determining the ALJ misconstrued 810 IAC 12-5-62 which by its terms applies to "regraded and topsoiled areas."

2) Did the trial court err in holding the ALJ's decision, which…

2Cases cited19 opinions

  1. Hodel v. IndianaSupreme Court of the United States · 1981
  2. Economy Oil Corp. v. Indiana Department of State RevenueIndiana Court of Appeals · 1974
  3. Amoco Production Co. v. LairdIndiana Supreme Court · 1993
  4. State Board of Tax Commissioners v. Jewell Grain Co.Indiana Supreme Court · 1990
  5. Indiana Department of Public Welfare v. PayneIndiana Supreme Court · 1993

14 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Miller Brewing Co. v. Bartholemew County Beverage Co.Indiana Court of Appeals · 1996
  2. Allstate Insurance Co. v. Larkin's Body Shop & Auto Care, Inc.Indiana Court of Appeals · 1996
  3. State v. Livengood Ex Rel. LivengoodIndiana Court of Appeals · 1997
  4. U.S. Outdoor Advertising Co. v. Indiana Department of TransportationIndiana Court of Appeals · 1999
  5. US OUTDOOR ADVERT. CO., INC. v. Ind. Dept. of Transp.Indiana Court of Appeals · 1999

7 more not listed; retrieve them via the Exa API.

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