Ruling: IDEM’s actions hampered Riverview opposition’s efforts

The Indiana Department of Environmental Management may be required to reconsider the permit for Riverview Energy.

In approving a complaint file by Southwest Indiana Citizens for Quality of Life (SWICQL) and Valley Watch in July, the Office of Environmental Adjudication found that IDEM failed in its legal responsibility to respond to public records requests by not providing records regarding the planned plant’s emissions in the state-mandated time limit. In doing so, OEA agreed this hampered the groups’ efforts to fully comment on the Title V draft permit.

The groups opposing the planned coal-to-diesel conversion plant in Dale received word from the Office of Environmental Adjudication that their claims against IDEM’s process were approved. A hearing is planned for June or July to determine if IDEM will have to remand the permit granted Riverview Energy in June of 2019.

The Order, dated January 28, stated, “IDEM violated 2-7-17(c)(l)(C)(iv). There is no question of fact that the records obtained by Petitioners in June 2019 contained relevant and significant information regarding the emissions implications that not available either in the VFC (Virtual File Cabinet) or in the TSD Technical Support Document). Petitioners assert that they would have made comments to IDEM regarding this information. IDEM’s significant delay in responding to the request for public records further supports a conclusion that IDEM did not comply with 2-7-12(c)(l)(C)(iv). Summary judgment is appropriate in the Petitioner’s favor.”

Records at issue were requested nearly a year before IDEM finally shared them with the petitioners, well after the legal timeframe required by Indiana law and after the public hearing and comment period had closed. OEA’s order stated, “IDEM must comply with the rule. For the rule to have any meaning, the Petitioners must have accurate, complete and up-to-date information…”

In a separate order, OEA granted legal standing to both SWICQL and Valley Watch, which is a recognition that members of both groups are “aggrieved or adversely affected” by the Riverview Energy permit and entitled to pursue their permit challenge.

Regarding both victories, Valley Watch President, John Blair said, “We are uncertain why the IDEM withheld important information regarding the permit from us. We are concerned that it took nearly a year for them to respond to our request for public records. Citizens of Indiana should not have to go to court to push a state agency to do what they are legally required to do.”

According to Mary Hess, President of SWICQL, “We are happy the Judge granted us legal standing and clearly found IDEM erred regarding our public records request. We look forward to challenging this permit on numerous counts. And, we intend to show IDEM failed to follow legal requirements in permitting this polluting, experimental refinery to be built. This ruling gives us hope as the case moves forward.”