Commissioner, Indiana Department of Environmental Management v. Bethlehem Steel Corp.

OPINION

GARRARD, Judge.

Case Summary

The Indiana Department of Environmental Management (“IDEM”) petitioned the trial court for judicial review of an administrative decision by the Office of Environmental Adjudication (“OEA”). Bethlehem Steel Corporation (“Bethlehem Steel”) filed a motion to dismiss IDEM’s petition and the trial court granted Bethlehem Steel’s motion. IDEM appeals the trial court’s decision. We affirm.

Issue

Whether the trial court properly granted Bethlehem Steel’s motion to dismiss where IDEM’s petition for judicial review did not comply with Indiana Code section 4-21.5-5-7 and…