Indiana § 13-30-1-8 Respondent's burden

Indiana Statutes

§ 13-30-1-8 — Respondent's burden

Indiana·Art. 30 ENFORCEMENT AND LEGAL ACTIONS·Ch. 1 Standing to Sue for Declaratory and Equitable Relief in

(a)In an action under this chapter, whenever the petitioner has made a prima facie showing that the conduct of the respondent has or is reasonably likely to impair, pollute, or destroy the environment of Indiana, the respondent has the burden of establishing the following:

(1)If there is an applicable rule adopted by a state agency setting standards for pollution, impairment, or destruction, or for antipollution devices, the respondent has the burden of establishing compliance with the rule, which constitutes a prima facie defense to petitioner's claim.

(2)If there is not an applicable rule, the respondent has the burden of establishing that:

(A)there is no feasible and prudent alternative; and

(B)the conduct, program, or product at issue is consistent with and reasonably required for

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(a) In an action under this chapter, whenever
the petitioner has made a prima facie showing that the conduct of the
respondent has or is reasonably likely to impair, pollute, or destroy the
environment of Indiana, the respondent has the burden of establishing
the following:
(1) If there is an applicable rule adopted by a state agency setting
standards for pollution, impairment, or destruction, or for
antipollution devices, the respondent has the burden of
establishing compliance with the rule, which constitutes a prima
facie defense to petitioner's claim.
(2) If there is not an applicable rule, the respondent has the
burden of establishing that:
(A) there is no feasible and prudent alternative; and
(B) the conduct, program, or product at issue is consistent with
and reasonably required for the promotion of the public health,
safety, and welfare in light of the state's paramount concern for
the protection of the environment from pollution, impairment,
or destruction.
(b) Upon the respondent establishing the proof under subsection (a):
(1) the respondent is considered to have rebutted the prima facie
showing; and
(2) the petitioner has the burden of going forward with the
evidence.
[Pre-1996 Recodification Citation: 13-6-1-2.]