SUE A. SHADLEY
PARTNER
317-637-0704
sshadley@psrb.com

EDUCATION

B.S. (Environmental Science), 1974, Purdue University

J.D. 1977, Indiana University School of Law, Bloomington

LICENSURE

1977, State of Indiana

1977, United States District Court for the Southern District of Indiana

EMPLOYMENT HISTORY

Attorney, Indiana University, 1977-1978

Attorney, Air Pollution Control Division, Indiana State Board of Health, 1978-1982

Attorney, Division of Reclamation, Indiana Department of Natural Resources, 1982-1984

Administrative Law Judge, Indiana Department of Natural Resources, 1984-1986

General Counsel, Indiana Department of Environmental Management, Solid Waste Management Board, Air Pollution Control Board, Water Pollution Control Board, 1986-1988

Indiana Manager of Governmental Affairs, Waste Management, Inc., Chemical Waste Management, 1988

Founding partner of Plews Shadley Racher & Braun, 1988 - present.

HONORS

Distinguished Fellow of the Indianapolis Bar Foundation, 2006

Purdue Agronomy Advisory Council, Member 2006-2008

Recipient, Indiana State Bar Association's "Women in the Law Committee's 2003 Achievement Award"

Distinguished Agricultural Alumni, Purdue University, April 2000

Naifeh and Smith, listed in Indiana Super Lawyer, 1999-2008, selected for Environmental Law in the State of Indiana

Top 25 Female Indiana Super Lawyer, 2004-2005

National Solid Waste Management Association, Inducted into the Indiana Hall of Fame, 1992

PUBLICATIONS and SEMINARS

Speaker, Central Indiana Technology and Environmental Society (CITES) 2008 Seminar, Enforcement of Environmental Laws, April 2008

Speaker, National Business Institute, Fundaments of Hazardous Waste Law, Enforcement, December 17, 2007

Speaker, Plews Shadley Racher & Braun LLP, In the Huddle, A Seminar for Environmental Consultants, Environmental Compliance, IDEM Permit:  Approvals, Denials, and Appeals;  Administrative Lobbying; and Solid Waste Rules & Laws, October 2, 2007

Speaker, Indiana Continuing Legal Education Foundation Environmental Masters Course, Standing Under AOPA, October 20, 2004

Speaker, Indianapolis Bar Association, Administrative Law 101, "Is this Really a Court Proceeding?", November 9, 1999

Speaker, Executive Enterprises Environmental Regulation Course, "Spill Releases and Your Reporting Requirements", October 27, 1999

Speaker, Indiana Clean Manufacturing Technology and Safe Materials Institute, "Air Standards, Where Are We Now?", August 10, 1999

Speaker, Indiana State Bar Association 1999 Spring Meeting, "It's Everybody's Business: Hot Topics for the New Millennium - The Future Environmental Issues Facing all Lawyers", April 23, 1999.

Speaker, Indiana Environmental Health Association, 1998 Fall Educational Conference, "the Health Officer's Role as a Scientist for Environmental Decisions", September 29, 1998.

Speaker, Association of Solid Waste Management Districts, "Implementation of Senate Bill 349, when Solid Waste Management Districts can Provide of Solid Waste Management Services", April 29, 1998.

Speaker, Environmental Quality Control, Environmental Workshop, "Non-Rule Policies - What They Are, When They Apply, How They Help and Hurt", February 24, 1998.

Speaker, Greater Elkhart Chamber of Commerce, The 1997 Environmental Conference, "Title V Air Permit Preventative Maintenance Plans and Recordkeeping", October 15, 1997.

Speaker, Rainmaking for Women: Advantages and Challenges, Working Group Leader, August 26, 1997.

Speaker, Indiana Hazardous Materials Conference, "Enforcement from the Respondents' Perspective", June 3, 1997.

Speaker, Environmental Quality Control, Environmental Workshop, "Environmental Legislation in the Long Session", March 11, 1997. 

Speaker, The Indiana Manufacturers Association's Environmental Health & Safety Conference, Understanding and Confronting Regulatory Liabilities, "Industrial Ventilation for OSHA Compliance", March 12, 1997

Speaker, EQC Environmental Workshop, "Recodification of Indiana's Environmental Laws and Recent Federal and State Legislation," September 11, 1996

Speaker, Earth Tech Industrial Environmental Management Workshops Clean Air Act Operating Permits, "Title V Legal Issues", April 26, 1995

Speaker, Environmental Quality Control, Environmental Workshop, "A Roadmap for Navigating the Maze of State and Federal Spill Reporting Rules", April 11, 1995

Speaker, National Solid Waste Management Association Indiana Chapter Annual Meeting, "Clean Air Act Title V Permitting for the Solid Waste Industry", April 27, 1994

Speaker, National Business Institute, Inc., "Avoiding Environmental Liability in Indiana," July 28, 1994

Speaker, Business & Industry's Environmental Symposium, "Trends in the Regulating of Water Quality -- the Indiana Program," March, 1993

Speaker, National Association of Environmental Law Societies, 1993 National Conference, Interstate Waste Transportation, January, 1993

Speaker, 8th Annual Greater Fort Wayne Chamber of Commerce Environmental Seminar, "Hot Topics in Environmental Law -- A List of At Least Twenty," October, 1992

Speaker, Indiana Continuing Legal Education Forum, "Environmental 
Law ?? The Basics," "Solid and Hazardous Waste Regulation," September, 1992

Speaker, Environmental Quality Control, EQC Environmental Workshop, "Who Won the Trash War - OMB or EPA? - Subtitle D", December, 1991

Speaker, The Indiana Manufacturers Association, "Environmental Responsibility: A Key Business Component," "How to Obtain and Maintain a Permit from the Indiana Department of Environmental Management," October, 1991

Speaker, National Solid Waste Management Association Annual Meeting, "Regulation of Solid Waste Transporters," August, 1991

Speaker, Indiana Continuing Legal Education Forum, Advanced Environmental Law, "Solid Waste Regulation Update," August, 1991

Speaker, Indiana Continuing Legal Education Forum, "Public Law 10-1990, Constitutional Issues," November 30, 1990

Speaker, Environmental Quality Control, Solid and Hazardous Waste Workshop, "RCRA Subtitle D Rules," September 18, 1990

Speaker, National Business Institute, Inc., Conference on Hazardous Waste in Indiana, "Environmental Aspects of Real Estate Transactions, September 11, 1990

Speaker, National Business Institute, Inc., Conference on Environmental Aspects of Real Estate Transactions, "Environmental Audits," April 27, 1990

Speaker, Purdue University, "County Extension Agent Role in Waste Management," November 14, 1989

Speaker, National Business Institute, Inc., Conference on Hazardous Waste in Indiana, "State & Federal Enforcement of Hazardous Waste Laws - Civil, Administrative & Criminal," September 26, 1989

Speaker, Third Annual National Conference of Hazardous Materials Managers, "Contractual Provisions for USTs Removals," July 26, 1989

Speaker, National Business Institute, Inc. Conference on Hazardous Waste in Indiana, "Recent Indiana Legislation," October 26, 1988

Speaker, Annual Meeting, Indiana State Bar Association, Natural Resources Section, "Appearances Before An Administrative Law Judge" 1985

Speaker, Annual Meeting, Indiana State Bar Association, Natural Resources Section, "Surface Coal Mining Law" 1983

Author, "Summary of Environmental Legislation 1991-2000, 2002-2007”

Author, Impact of IDEM's RISC policy on Solid Waste Regulation, Indiana Chamber of Commerce, September 25, 1998

Author, Indiana Department of Natural Resources, Surface Coal Mining and Reclamation Rules (1982-1986)

Author, Solid Waste Regulation Update, Indiana Continuing Legal Education Forum, August, 1991

Contributing Author, Indiana Natural Resources Law, Criminal Penalties and Civil Remedies (1983)

Co-Author, Constitutional Challenges of Indiana's New Comprehensive Solid Waste Law, Indiana Continuing Legal Education Forum, November 30, 1990.

ASSOCIATIONS and MEMBERSHIPS

Member (2005-2007), Environmental Crimes Task Force

Member (2002-2008), Central Indiana Technology & Environmental Societies

Member (1988-1992), Indiana Recycling and Energy Development Board 

Member (1988-2008), Indiana Manufacturers Association, Environmental Legal & Technical Advisory Committee

Member (1983-2008), Indiana Chamber of Commerce, Environmental Committee

Member (1987-1988), Indiana Department of Environmental Management ad hoc work group working on priority rules for sites not eligible for remedial action under CERCLA

Member (1988), State Board of Health Infectious Waste Rule Advisory Committee, developing rules for treatment of infectious waste

Co-Founder (1984) Annual Conference of Government Mining Attorneys 

Member, American Bar Association, SONREEL Section

Member, Indiana Bar Association, Past Chair, Environmental Section

Member, Indianapolis Bar Association, Past Chair-Elect, Environmental Section

SIGNIFICANT CASES IN WHICH MS. SHADLEY WAS COUNSEL

Indiana Department of Natural Resources v. United Refuse Co., Inc., 
615 N.E.2d 100 (Ind. 1993)

Indiana Department of Environmental Management v. Chemical Waste Management of Indiana, Inc., 604 N.E.2d 1199 (Ind. App. 1992)

RECENT ADMINISTRATIVE ENFORCEMENT OR ADJUDICATION ACTIONS

Indiana Department of Environmental Management v. Northern Indiana Dock Company (Cause No. B-2347), April, 16, 1999. This case involved a NOV issued for failure to report a spill resulting from runoff of fire fighting efforts to extinguish a fire at a metal recycling facility. Also cited were other related water issues including an unpermitted point source discharge and failure to have a storm water permit. After lengthy negotiations, the initial proposed civil penalty was reduced from $252,500 to a cash penalty of $19,950 with a commitment to spend $159,600 on site improvements. 

Indiana Department of Environmental Management v. Waste Management of Illinois, Inc. (Cause No. SW 364, SW 354 & 355), August 19, 1998

Indiana Department of Environmental Management v. Rumpke of Indiana, Inc. (Cause No. SW-371), August 18, 1998.

Indiana Department of Environmental Management v. National Serv-All, Inc. (Cause no. SW 374), June 25,1998

Indiana Department of Environmental Management v. Allied Waste Industries of Indiana, Inc. (Cause No. SW 375), June 15, 1998

Indiana Department of Environmental Management v. Newton County Development Corporation (Cause No. SW 372), June 15, 1998

Indiana Department of Environmental Management v. Speelman Transfer (Cause No. SW 359), March 20, 1998

Indiana Department of Environmental Management v. Apollo Disposal Services (Cause No. SW 349), March 20, 1998

Indiana Department of Environmental Management v. ARC Disposal and Recycling (Cause No. SW 350), March 19,1998

Indiana Department of Environmental Management v. Groot Recycling and Waste Services (Cause No. SW 352), March 10, 1998

Indiana Department of Environmental Management v. Crown Recycling and Waste Services (Cause No. SW 351), March 10, 1998

Indiana Department of Environmental Management v. Rumpke Waste, Inc. (Cause Nos. SW 362 and SW 363), March 4, 1998

The above series of cases all involved Indiana's initiative against out-of-state waste. The cases began as a coordinated sweep of actions against all Indiana landfills to check for use of the "good character" acknowledgment Number. These cases were all settled around the same period of time. They were settled quickly resulting in waste movement recommencing in less than 1 week after it was stopped. The Settlement's included a favorable break under Indiana's Supplement Environmental Project Policy, where only 10% of cash was required instead of the normal 20% and the offset ratio was reduced to 1.25 :1 instead of the normal 2:1 or 3:1. In at least 3 of the cases the settlement was negotiated to not be an action that would trigger the "good character" permit disclosure provisions of Indiana law. 

Indiana Department of Environmental Management v. Brown County Landfill, (Cause No. SW 181 and B-2229), March 17, 1998. This case involved a permit denial and revocation action and NOV all issued in 1992. After lengthy negotiations and a refusal to settle in a way unacceptable to the defendant, IDEM finally agreed to a resolution favorable to the defendant, with a significant reduction in the penalty based on an "inability to pay" argument.

Indiana Department of Environmental Management v. Waste Management of Indiana, L.L.C. (Cause No. SW 314), February 3, 1998. This case involved an alleged violation of special waste requirements

In re the Matter of Objections to Certain Conditions of Renewal Permit Industrial Removal C/D site, FP 48-2, Madison County (Cause No. 98-S-J 2017), October 5, 1998. This case involved the appeal of the imposition of groundwater monitoring requirements for a C/D site and was successfully settled to remove the groundwater monitoring requirements.

In re the Matter of Objections to the Issuance of FESOP Operation Permit No. F039-5406-03325 Brooks Construction Company, Inc. (Cause No. 97-A-J-1847), January 12, 1998. This case was successfully adjudicated overturning citizens objections to an air permit for a new asphalt plant based on a Motion for Summary Judgment upholding IDEM's permit decision, despite IDEM switching positions and arguing that the Judge should consider the impacts of the plant on individual health, not ambient air quality standards and compliance with rules. 

In the Matter of Objections to the Issuance of Solid Waste Facility Permit No. FP 03-08 Bartholomew County Landfill II (Cause No. 97-S-J-1790), October 1997. This case involved appeal by more than 40 persons of a solid waste permit issued for a new landfill. After trial a stay of effectiveness was denied. After a Motion for Summary Judgment and extensive discovery, the case was settled upholding the permit.

In The Matter of Denial of Voluntary Remediation Application #6940901, Dana Corporation, (Cause No. 94-S-J-1142, May 9,1997. Successfully overturned IDEM's denial to the Voluntary Remediation Program as arbitrary and capricious.

*The Martindale-Hubbell Peer Review Icon is a service mark of Reed Elsevier Properties Inc., used under permission from Reed Elsevier Properties Inc. in accord with the terms and conditions established by Martindale-Hubbell.

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