Indiana-Kentucky Electric Corp. v. Save the Valley, Inc.
953 N.E.2d 511
Ind. Ct. App.2011Background
- IKEC operates Clifty Creek Station and received a December 2002 renewal of its solid waste permit for a coal ash landfill.
- Citizens Groups filed a petition for review challenging IDEM's permit renewal, invoking associational standing to represent their members.
- OEA initially denied IKEC's motions to dismiss, allowing associational standing and permitting review.
- Save the Valley I (2005) held that Citizens Groups could seek administrative review under associational standing; the matter proceeded to judicial review, and law-of-the-case was created that the OEA had jurisdiction.
- The case later involved IKEC challenging the validity of associational standing under evolving authority (Huffman; K.S.) and culminated in a March 2010 final OEA order granting IKEC summary judgment on the merits; IKEC then sought judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Citizens Groups have associational standing to seek administrative review | Citizens Groups have associational standing per Save the Valley. | AOPA defines who may seek administrative review; associations lack standing. | Law-of-the-case binds; Citizens Groups had associational standing. |
| Whether law-of-the-case bars relitigation of associational standing | The earlier ruling should not prevent revisiting due to evolving law. | Law-of-the-case extinguishes reconsideration of the issue. | Law-of-the-case bars relitigation of associational standing. |
| Whether K.S. v. State abrogated Save the Valley I's associational standing ruling | K.S. undermines Save the Valley I's basis for associational standing. | K.S. does not abrogate Save the Valley I's discussion of associational standing. | Save the Valley I remains binding under law-of-the-case. |
Key Cases Cited
- Huffman v. Office of Environmental Adjudication, 811 N.E.2d 806 (Ind. 2004) (statutory standing to seek administrative review relies on statute, not common law)
- Save the Valley, Inc. v. Indiana-Kentucky Elec. Corp., 820 N.E.2d 677 (Ind.Ct.App. 2005) (associational standing allows review on behalf of members)
- Save the Valley, Inc. v. Indiana-Kentucky Elec. Corp. (reh'g), 824 N.E.2d 776 (Ind.Ct.App. 2005) (affirmed associational standing and OEA jurisdiction)
- K.S. v. State, 849 N.E.2d 538 (Ind. 2006) (distinguishes jurisdictional concepts from legal error; avoids 'jurisdiction over the case' phrasing)
- Murphy v. Curtis, 930 N.E.2d 1228 (Ind.Ct.App. 2010) (law-of-the-case guidance and related appellate principles)