The Indiana Dept. of Environmental Management v. Raybestos Products Co.
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ATTORNEYS FOR APPELLANT Gregory F. Zoeller Attorney General of Indiana ATTORNEYS FOR APPELLEE George M. Plews Brett E. Nelson Indianapolis, Indiana David L. Steiner Frances H. Barrow Timothy J. Junk Deputy Attorney Generals Indianapolis, Indiana FILED ______________________________________________________________________________ Mar 31 2009, 1:30 pm In the Indiana Supreme Court CLERK of the supreme court, court of appeals and tax court _________________________________ No. 49S02-0804-CV-183 THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Appellant (Defendant below), v. RAYBESTOS PRODUCTS COMPANY, Appellee (Plaintiff below). _________________________________ Appeal from the Marion Superior Court, No. 49D12-0209-PL-1553 The Honorable Robyn Moberly, Judge _________________________________ On Petition for Rehearing _________________________________ March 31, 2009 Boehm, Justice. Raybestos has petitioned for rehearing from this Court s December 9, 2008 opinion. Raybestos points out that the opinion incorrectly states the standard of review used by the Office of Environmental Adjudication in reviewing an action of IDEM. The first full paragraph of page 7 of the slip opinion states that OEA uses the standard of review provided by Indiana Code section 4-21.5-5-14 and may provide relief as permitted by section 4-21.5-5-15. Raybestos rightly points out that these statutes apply to judicial, not administrative review. We grant rehearing for the limited purpose of correcting this error and otherwise deny Raybestos s Petition for Rehearing. Shepard, C.J., and Dickson, Sullivan, and Rucker, JJ., concur. 2
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