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  5. 897 N.E.2d 469 (2008)
 

INDIANA DEPT. ENVIRON v. RAYBESTOS PRODUCTS

No. 49S02-0804-CV-183.

897 N.E.2d 469 (2008)

THE INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT, Appellant (Defendant below), v. RAYBESTOS PRODUCTS COMPANY, Appellee (Plaintiff below).

Supreme Court of Indiana.

December 9, 2008.

Attorney(s) appearing for the Case

Steve Carter, Attorney General of Indiana, David L. Steiner, Frances H. Barrow, Timothy J. Junk, Deputy Attorney Generals, Indianapolis, IN, Attorneys for Appellant.

George M. Plews, Brett E. Nelson, Indianapolis, IN, Attorneys for Appellee.

On Petition to Transfer from the Indiana Court of Appeals, No. 49A02-0609-CV-782.

BOEHM, Justice.

We hold that an agreed order for environmental cleanup with the Indiana Department of Environmental Management ("IDEM") is an agency action governed by the Indiana Administrative Orders and Procedures Act, not a contract that will support a claim for damages from IDEM. We also hold that IDEM has authority to approve risk-based cleanups, and IDEM's communications...

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