PETITION FOR CLIMATE ACTION PLAN TO THE

INDIANA ENVIRONMENTAL RULES BOARD

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As stated in Title 13 of the Indiana Code, one purpose of Indianas laws governing the environment is to
preserve, protect, and enhance the quality of the environment so that, to the extent possible, future
generations will be ensured clean air, clean water, and a healthful environment. (Ind. Code 13-12-
3-1) Indianas Environmental Rules Board (ERB) is responsible for adopting rules implementing Title
13. Citizens may request that the ERB adopt a rule. (Ind. Code 13-14-8-5)
On June 11, 2014, Earth Charter Indiana (ECI) and young people from ECIs program Youth Power
Indiana (YPI) submitted a petition requesting that the ERB adopt a rule to establish the process for the
development of a comprehensive, state-wide Climate Action Plan. ECI/YPI met the legal
requirements by including a Petition with well more than the 200 signatures needed (over 1000
signatures to date) and a Statement of Reasons to support the adoption of the rule. The Statement of
Reasons included a legal analysis of the ERBs authority to adopt the requested rule, as well as hundreds
of pages of exhibits and statements of support from Indiana citizens to demonstrate the critical need for
a Climate Action Plan for Indiana. You can read ECI/YPIs submission at
https://www.scribd.com/EarthCharterIndiana.
The statute permitting citizens to petition the ERB to adopt a rule requires that the ERB must give
notice and hold a hearing if the citizen request is not plainly devoid of merit. (Ind. Code 13-14-8-
5(b))
At its September 10, 2014 meeting, the ERB considered ECI/YPIs proposal. No testimony from
ECI/YPI or the public was allowed. Some ERB members raised questions or voiced opinions about the
ERBs legal authority (without reference to ECI/YPIs legal analysis). At the conclusion of the
discussion, the ERB did not vote on whether ECI/YPIs proposal is not plainly devoid of merit. In
fact, the ERB took no vote at all on ECI/YPIs request. Rather, ERB Chairperson Beverly Gard
asked Do I hear a motion to hold a hearing on this proposal? After a pause, she stated Hearing none,
we will not move forward.

Call to Action
Earth Charter Indiana asks everyone who cares about the issue of climate change and supports
ECI/YPIs rulemaking petition for a Climate Action Plan for Indiana to:

1. Call, e-mail or meet with ERB members before the November 12, 2014 meeting
to urge them to grant a hearing on ECI/YPIs rulemaking petition, and

2. Attend the November 12 ERB meeting to show support and to demand a Climate Action
Plan NOW.

ERB member contact information and suggested talking points on reverse side.

Let us know that you will attend the November 12, 2014 ERB meeting by e-mailing jimpoyser@earthcharterindiana.org

Go to earthcharterindiana.org for the latest information.
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Suggested Talking Points

Global climate change is occurring and causing global impacts, including in Indiana. These impacts affect our health, our
quality of life, and the economic viability of our businesses.

A climate action plan is an effective mechanism for responding to and preparing for climate change. Thirty-four other states
and many federal agencies and local governments have adopted such plans.

The ERB is the best place to develop a climate action plan because it can allow for a robust and inclusive public process, and
can take the time necessary to draw on the widest stakeholder input.

The ERB is required by law to hold a public hearing, at the very least because ECIs rulemaking petition is not plainly
devoid of merit.

In its Statement of Reasons ECI cited extensive legal authority for the ERB to undertake development of this rule, so lack of
legal authority cannot be grounds to determine the petition is devoid of merit.

Failure to hold a hearing is equal to silencing Indiana youth on an issue that will affect them far more than older generations.
They deserve to be heard!

The ERB did not take a vote on whether the petition is devoid of merit, and therefore has not fulfilled its legal duty.

ECI/YPIs proposal is excellent and has great merit and therefore clearly is not plainly devoid of merit. Therefore,
ECI/YPIs proposal is entitled to a hearing as a matter of law.



Please contact ECI to let us know after you communicate with
any of the ERB members at jimpoyser@earthcharterindiana.org.
Beveily uaiu, Chaii (geneial public) bevjgaiugmail.com

uieenfielu (S17) 4S9-u7S9
Bill Etzlei, vice Chaii (small business) weiefeiee11gmail.com

La0tto (26u) 74u-649u

Ken Rulon (agiicultuie) keniulonenteipiises.com

Aicauia (S17) 984-2u76

uail Boyuston (manufactuiing) u_Boyustonlilly.com

Inuianapolis (S17) 276-2uuu

Tom R. Anueison (enviionmental) Tom.conseivationconnectionsg
mail.com

Nichigan City (219) 874-6171 (Bome)
(219) 877-8786 (Cell)
Chiis Boin (laboi) Chiis48S7aol.com

Lynnville (812) 48u-166S

uaiy Powuiill (geneial public) upowu4Saol.com

uieenfielu (S17) S26-2484

Teu Niemiec (meuical) Tniemiecag-meuicalyahoo.com

East Chicago (219) S99-6uS7

Kelly Caimichael (public utility) kcaimichaelnisouice.com

Neiiillville (219) 647-SS12

}oanne Alexanuiovich (local gov't) jalexanuiovichvanueibuighgov.
oig

Evansville (812) 4SS-S764

Cal Baviuson (waste management) cuaviusoniaystiash.com

Plainfielu (S17) SS9-2u24

Baviu Bausman, Lt. uoveinoi Pioxy ubausmanisua.in.gov

Inuianapolis (S17) 2S2-896S

Nike Nettlei, ISBB, Pioxy mmettleiisuh.in.gov

Inuianapolis (S17) 2S2-896S

Cameion Claik, IBNR, Executive
Biiectoi
cclaikuni.in.gov

Inuianapolis (S17) 2S2-4u27

Pam Fishei, IEBC, Pioxy pfisheiieuc.in.gov

Inuianapolis (S17) 2S2-889S

Thomas Easteily, IBEN
Commissionei (non-voting
membei)
teasteiliuem.in.gov

Inuianapolis (S17) 2S2-8611