312 IAC 25-2-2 Enforceability

Sec. 2. (a) Notwithstanding any other rule to the contrary, neither the director nor the commission shall enforce any provision of the rules promulgated to implement IC 14-34 if any court of competent jurisdiction renders a final judgment, which holds that the comparable provision in any federal regulation promulgated to implement P.L.95-87, the federal Surface Mining Control and Reclamation Act of 1977, is unconstitutional or otherwise invalid. (b) Neither the director nor the commission shall enforce this article until the United States Department of the Interior has published in the Federal Register notice of approval of Indiana's permanent regulatory program.