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The Conservation Law Center, the Environmental Law & Policy Center, the Hoosier Environmental Council, Save the Dunes Conservation Fund, Gary Advocates for Responsible Development, and Just Transition Northwest Indiana (collectively “Commenters”), respectfully submit these comments for IDEM’s consideration in complying with Governor Braun’s Executive Order 25-38 (“EO 25-38”), which aims to eliminate supposedly unnecessary regulation of Indiana businesses and industries by, among other things, prohibiting state environmental regulations that are “more stringent than” federal law. To achieve this goal, EO 25-38 directs responsible state agencies, including IDEM, to review their regulations and identify those that exceed federal requirements, impose “undue burden” on business and industry, “significantly raise the cost of living for Hoosiers, are not supported by current law and the best available science, or do not benefit Indiana’s environment.”
In response, IDEM has requested public comment on “specific suggestions regarding repeal, replacement, or modification of existing environmental rules and regulations” to be informed by the criteria of EO 25-38 and the Governor’s “other relevant executive orders.” See IDEM Notice at 2. Commenters appreciate IDEM’s call for public feedback on this specific question, which we address below. However, we also urge IDEM, as the agency statutorily charged with protecting Hoosiers’ rights to live in a healthy environment when promulgating rules and standards,1 to advise and inform Governor Braun of the following related issues and concerns.
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