Yesterday, I went to the Heartwood website's action alert page http://www.heartwood.org/action and used it send comments to the Indiana Dept. of Environmental Management on their proposed rules for confined feeding operations. These rules are going to govern how these large livestock facilities will handle their wastewater - thus, very important to the long term water quality of Indiana.

I used the convenient sample letter which Heartwood provided, which basically urged the state to put environmental considerations high up on the list of factors when promulgating the rule. The Heartwood action alert page can automatically email your letter in to whomever is in charge of the public comments for whatever public comment period the alert is addressing. It's an easy, fast, and convenient way to help the public participate in such things as rulemakings - processes about which most of the public are clueless but have a significant effect on our day to day lives.

So I send in the letter, and a short while later, I get the email message back below, from Steve Mojonnier
IDEM Office of Legal Counsel. He admits that they "received" the comment and that it was "during the official comment period for the rules." However, he goes on to state that because "it was not provided in the form prescribed," the comments will not be placed "on the record." He does console me that they will be "considered" because some other party submitted the same comments in the "prescribed form."

Why might this be important? If these rules are subject to judicial review, if comments are on the record, a court will see them. If they aren't, then the court won't see them. The way things stand now, a thousand people could send in that Heartwood alert, and no one except for the agency would ever know that a thousand people have that opinion, and cared enough about it to make a written comment. Don't you think that a judge would want to know that? Public comments shouldn't be just to try and find out what technical knowledge that someone in public might have about a proposed rule or action - they should also be a measuring stick to gauge the public's opinion of a proposed rule or action. If an overwhelming number of public citizens are opposed to the rule, that should matter. Of course, this would mean that the people actually would have some power, and governmental agencies hate that. To them, the public is just a pesky obstacle to get around. That's the problem with so much of our government.

Many pundits have put Indiana republican governor Mitch Daniels forward as one of the most desirable, but undeclared candidates for president. But if this is his idea of democracy, I can't say that I share it. He also is selling off state assets, including the beautiful Indiana state forest system, which he's allowing his buddies in the timber industry to plunder. Personally, I don't see that much good in what Daniels has done for Indiana in the long run.

Here's the letter:

Dear Mr. Donham,
Thank you for your e-mail to the Commissioner of the Indiana Department of Environmental Management concerning LSA Document #09-615, proposed rules for confined feeding operations. While your comment was received during the official comment period for the rules it was not provided in the form prescribed in the Public Notice for these rules (DIN: 20110803-IR-327090615PRA). However, your comments are the same as other comments that were provided as prescribed and will therefore be considered in the rulemaking process.

If you would like to resubmit your comments and have them included in the official record for this rule, please do any of the following:

(1) Mail your comments by September 2, 2011 to:
LSA Doc. #09-615 [Confined Feeding Operations]

Janet Pittman
Rules Development Branch
Office of Legal Counsel
Indiana Department of Environmental Management
100 North Senate Avenue
MC 65-45
Indianapolis, IN 46204-2251

(2) Hand deliver your comments to the receptionist on duty at the 13th Floor reception desk, Office of Legal Counsel, 100 North Senate Avenue, Indianapolis, Indiana by end of day September 2, 2011.

(3) Submit your comments by facsimile by September 2, 2011, at the IDEM fax number: (317) 232-5970, Monday through Friday, between 8:15 a.m. and 4:45 p.m. Please confirm the timely receipt of faxed comments by calling the Rules Development Branch at (317) 232-8922 or (317) 233-8903.

As you requested, you will not receive further correspondence regarding this issue, nor will you be added to any mailing list.

Steve Mojonnier
IDEM Office of Legal Counsel
100 N Senate Ave MC 65-45
Indianapolis IN 46204-2251
317.233.1655
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