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Publication Citation

3 (1) IUSTITIA 98 (1975)

Abstract

In 1943, the Indiana Legislature created a Stream Pollution Control Board;' in 1961, it created an Air Pollution Control Board; and then in 1972, the Legislature created an Environmental Management Board to coordinate and facilitate the efforts of the air and stream boards. The concern within the State Legislature for the environment reaches back more than two decades, and it would appear that the policy of the State is to become progressively more active in this area. However, the effectiveness of State programs to protect the Hoosier environment is necessarily dependent upon the dedication of those persons sitting on the various regulatory boards to pursue the goals of clean air and water as recognized by the Indiana legislature.

It is with this in mind that the composition of the Stream Pollution Control Board, the Air Pollution Control Board, and to a lesser extent the Environmental Management Board must be examined to determine whether the goals will be pursued vigorously. This examination is not made with the intent to impugn the character of any of the members of the various boards, nor is it undertaken to challenge particular decisions made or positions taken in the past by any of the boards. Rather, the examination will focus on the possibility of challenges both to the individual members of the boards as well as to the particular boards on the basis of bias and prejudice of the majority of members on each board against the strict enforcement and promotion of legislatively prescribed environmental standards.