Indiana Department of Environmental Management v. Conard

I respectfully dissent from the majority opinion in this case. Because the Court of Appeals opinion is published at 589 N.E.2d 1195, I feel it is unnecessary to go into detail. I would point out, however, the conclusion reached by the Court of Appeals follows what I consider to be a well-reasoned approach to the case. }

At page 1200, the Court of Appeals states:

"In sum, IDEM [Indiana Department of Environmental Management] is not bound by the Decree in the way that the ALJ [Administrative Law Judge] interpreted it. Holding a hearing on this issue is not a collateral attack on the Decree…