John E. Moriarity and Mae E. Moriarity v. Indiana Department of Natural Resources

Summary

The Court affirmed the order enforcing the Department of Natural Resources’ final order concerning the Moriaritys’ dam. It held that the Department reasonably interpreted “stream,” provided adequate notice of the jurisdictional standard, and presented substantial evidence supporting the dam’s high-hazard classification. The Court also held that the Moriaritys may modify the dam to remove it from the Department’s future jurisdiction and remanded for any further enforcement proceedings.