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MEIER v. AMERICAN MAIZE-PRODUCTS CO., INC.

No. 49A02-9304-CV-185.

645 N.E.2d 662 (1995)

Rebecca C. MEIER, As Chairperson and John C. Bailey, Michael L. Jordan, James R. Martin, Lt. Governor Frank O'Bannon, Patrick R. Ralston, Claude C. Reeck, Jr., Wayne T. Swallow and Roy J. Winkler, Each As Members, of the Water Pollution Control Board of the State of Indiana, and Kathy L. Prosser, Commissioner of the Indiana Department of Environmental Management, Appellants-Defendants below, v. AMERICAN MAIZE-PRODUCTS COMPANY, Inc., Bethlehem Steel Corporation, Commonwealth-Edison Company of Indiana, Inc., Fibre Form Corporation, Indiana-Kentucky Electric Corporation, Indiana Michigan Power Company, Landis & Gyr Metering, Inc., Ltv Steel Company, Inc., National Steel Corporation, Phelps Dodge Magnet Wire Company, Southern Indiana Gas & Electric Company, Appellees-Plaintiffs below.

Court of Appeals of Indiana, Second District.

January 18, 1995.

Attorney(s) appearing for the Case

Ronald E. Elberger, Keith E. White, George T. Patton, Jr., Bose McKinney & Evans, Indianapolis, for appellants.

Bryan G. Tabler, Peter J. Rusthoven, Barnes & Thornburg, Indianapolis, for appellees.

OPINION

SULLIVAN, Judge.

Upon appeal from the trial court's grant of summary judgment against it, the Water Pollution Control Board (Board), a division of the Indiana Department of Environmental Management (IDEM), presents a host of issues for our review. We reorganize and restate the issues pertinent to this appeal as follows:

(1) Whether the Board acted within its delegated authority in establishing a National Pollutant Discharge Elimination System...

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