2011 IL 110882
Ill.2011Background
- In 1989, IEPA issued a permit to Peoria Disposal Company (PDC) to operate a waste stabilization facility near Peoria.
- In 2008, PDC filed an adjusted standard petition under 415 ILCS 5/28.1 to delist certain residue from treating electric arc furnace dust.
- The Illinois Pollution Control Board granted a 103-page delisting order with conditions on Jan. 8, 2009.
- Sierra Club and Peoria Families Against Toxic Waste (opposition groups) petitioned for judicial review of the Board Order.
- Appellate court split on standing and merits; this court granted leave to appeal to address standing.
- The court held that the opposition groups lacked standing to challenge the Board Order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether opposition groups have standing to seek review. | Opposition groups were adversely affected and sought review under 29(a). | Order is not a rule or regulation; groups lack standing under 41(a). | No standing; dismissal of appeal. |
Key Cases Cited
- Landfill, Inc. v. Pollution Control Board, 74 Ill.2d 541 (1978) (distinguishes quasi-judicial vs. legislative roles)
- Central Illinois Public Service Co. v. Pollution Control Board, 116 Ill.2d 397 (1987) (adjusted standards and streamlined site-specific relief)
- Wells Manufacturing Co. v. Pollution Control Board, 73 Ill.2d 226 (1978) (distinction between rulemaking and adjudicatory functions)
- In re Procedural Rules Revision, No. R88-5(A), Ill. Pollution Control Bd. June 8, 1989 (1989) (Board acknowledged broad public participation for adjusted standards)