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Brookston Resources, Inc., an Illinois Corporation v. State of Indiana Department of Natural Resources
23A-MI-2971
Miscellaneous. Affirms the Spencer Circuit Court’s denial of Brookston Resources’ petition for judicial review regarding Indiana notices of violation issued by the Indiana Department of Natural Resources regarding three of Brookston’s oil wells. Finds that the relevant statutes and regulations allow the department to conduct file reviews of the wells at issue every five years, and those file reviews include a consideration of the abandoned wells. Also finds as Brookston never obtained injection authorization regarding its wells, any change in the injection rate as a result of the file review would not amount to a modification of the permit. Finally, finds the department’s determination that the abandoned wells have the potential to cause or contribute to the migration of injection fluids into underground sources of drinking water due to inadequate construction or plugging is supported by substantial evidence.
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