Peabody Coal Co. v. Indiana Department of Natural Resources

ROBERTSON, Judge.

The Peabody Coal Company appeals the trial court’s decision to grant relief on the petition of the Indiana Department of Natural Resources [DNR] for judicial review of the decision of the Administrative Law Judge [ALJ] of the Natural Resources Commission [NRC] to vacate the DNR’s Notice of Violation [NOV] against Peabody. The DNR had issued the NOV against Peabody because an inspection revealed that its Hawthorn strip coal mine was in violation of certain regulations regarding the drainage of surface water off the mining site. Peabody raises two issues, which we restate as…