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The path to judgeship wasn’t a straight shot for Chief Environmental Law Judge Mary Davidsen, but she let her curiosity lead her along the way.
At first, her curiosity was for radio and television production and writing, a passion she discovered in high school and cultivated as a TV/film/radio major at Purdue University.
But things had already started to shift when she became intrigued with Federal Communications Commission licenses and regulations, which she learned about in her high school radio/TV class. That was when her interest in the law was first piqued.
Later, when a friend who struggled with tests was taking the LSAT, Davidsen tagged along and took the test, too. She was admitted to Indiana University Robert H. McKinney School of Law and even started classes, but she left to return to TV production.
Eventually she went back to law school, where she discovered a fascination with environmental law. She graduated in 1992 and took a position with the Department of Natural Resources’ Water Division.
“A lot of their regulations, you read them and it looks like English, but it’s not. It’s all civil engineering,” Davidsen said, adding that seeing engineers and biologists going out into the community and talking about the resources and impacts of regulatory frameworks was interesting to her.
She eventually landed in a general practice for five years, but when a friend informed her of a position opening in the Office of Environmental Adjudication, she decided to apply.
“I realized I really missed the environmental component,” Davidsen said. “The few cases I had just were really more zoning or whatever, but I was missing where this was developing.”
In 2003, Davidsen became director of the Office of Environmental Adjudication.
Now, 20 years later, she is preparing to retire at the end of the year.
“Judge Davidsen has had an incredible tenure dealing with often complex cases involving environmental concerns,” Indiana Gov. Eric Holcomb said in a statement announcing her retirement. “She dedicated her career to this important work and it’s an honor to recognize her as a colleague.”
‘She has always been fair’
As chief environmental law judge, the cases Davidsen handles impact every corner of the Hoosier State. From air, land, water, soil and hazardous waste, she’s seen it all.
Davidsen describes the role as being like a trial court judge, but with a focus on the Indiana Department of Environmental Management.
The OEA conducts adjudicatory hearings to enforce IDEM’s air pollution control, environmental management, waste management and water pollution control laws. An IDEM decision goes before the OEA on Petitions for Administrative Review, which are generally categorized as appeals of enforcement actions, appeals of permit decisions or appeals of an Excess Liability Trust Fund determination.
“I carry a full caseload. And we don’t specialize because we never know what the caseload will be,” Davidsen said, adding that experts are frequently used to help resolve cases.
In his statement, Holcomb noted that Davidsen’s 20-year tenure has included the OEA concluding more than 2,300 cases, facilitating the resolution of more than 90% of its cases without extensive litigation, and zero reversals for avoidable error on judicial review.
Amy Romig, a partner with Plews Shadley Racher & Braun LLP, has appeared in Davidsen’s court.
“I’ve won some, I’ve lost some,” Romig said, “but she has always been fair.”
According to Romig, Davidsen has done a lot of work educating legislators and others on her office.
“The Office of Environmental Adjudication is important to nearly everything in Indiana because every facility out there — everything from your corner gas station to your dry cleaner to your automotive industry to your power plants — almost all of them in some way have permits or are governed by IDEM,” Romig said.
And it wasn’t always all business in Davidsen’s office.
One of Romig’s favorite memories was when the judge would bring in the dogs she was fostering.
Davidsen, along with her family, volunteers with the Indiana Canine Assistant Network. She would bring the dogs — primarily trained at state prisons — into the office to practice their public access skills.
Bar involvement
Davidsen has been on the Executive Council of the Indiana State Bar Association’s Environmental Law Section for years, and when the Indiana Legislature was establishing the Office of Administrative Law, she worked to help lawmakers get a better understanding of environmental law.
Romig — also a member of the ISBA’s Environmental Law Section — said Davidsen has been a great help to the members and has given back to the legal community by mentoring younger attorneys.
Paje Felts is a lobbyist for the bar association. She said that one of the ISBA sections she adores is Environmental Law.
“It’s nice to have a good, solid relationship with agencies and with administration you’re working with, that our practitioners are working with directly, and Mary has always been very open to coming and speaking to the section and keeping us updated on any kind of information and changes that are happening when there’s legislation and we are struggling with how to interpret it,” Felts said. “She has always been an active, open participant in helping us.”
Felts herself was involved with the creation of the Office of Environmental Adjudication in 1995, and she said Davidsen epitomizes what was envisioned for that office.
“These are very complicated, very expensive cases, and having somebody who sits in the judicial position at the agency level that is so professional, educated, it makes a better experience for everyone,” Felts said.
Next steps
As she reflects on her career, Davidsen offered advice to the next generation: Always learn and enjoy what you’re doing, and keep an open mind.
“You’re just part of a chain and you’ve got to be a responsible link and be ready to be part of a link with others,” she said of her philosophy, “not just a lone wolf.”
In her free time, Davidsen likes to kayak and volunteer around Indianapolis. She also has a cat who hasn’t quite revealed her name, but she would say Ivy is what works best.
In her retirement, Davidsen said she plans to spend more time with her 93-year-old father and see where the journey takes her.
The process of looking for her successor will begin before the end of the year, according to the Governor’s Office.•
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