Legal Opinion
Indiana Department of Environmental Management v. Raybestos Products Co.
Indiana Supreme Court
Decided December 9, 2008No. 49S02-0804-CV-183PublishedCited by 21 opinions
1Opinion of the Court
On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0609-CV-782.
BOEHM, Justice.
We hold that an agreed order for environmental cleanup with the Indiana Department of Environmental Management (“IDEM”) is an agency action governed by the Indiana Administrative Orders and Procedures Act, not a contract that will support a claim for damages from IDEM. We also hold that IDEM has authority to approve risk-based cleanups, and IDEM’s communications with the federal Environmental Protection Agency did not violate its Agreed Order with Raybestos.
Facts and Procedural History
Raybestos…
2Cases cited8 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- University of Southern Indiana Foundation v. BakerIndiana Supreme Court · 2006
- Tofany v. NBS Imaging Systems, Inc.Indiana Supreme Court · 1993
- Cavens v. ZaberdacIndiana Supreme Court · 2006
- Town Council of New Harmony v. ParkerIndiana Supreme Court · 2000
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Ohio v. VinsonOhio Court of Appeals · 2016
- State v. McClendonOhio Court of Appeals · 2016
- Indiana Bureau of Motor Vehicles v. Jennifer M. GurtnerIndiana Court of Appeals · 2015
- Ghosh v. Indiana State Ethics CommissionIndiana Supreme Court · 2010
- Indiana Department of Environmental Management v. Raybestos Products Co.Indiana Supreme Court · 2009
16 more not listed; retrieve them via the Exa API.