Sierra Club v. Illinois Pollution Control Board
957 N.E.2d 888
Ill.2011Background
- In 1989, IEPA issued Peoria Disposal Company (PDC) a permit to operate a waste stabilization facility near Peoria for hazardous and nonhazardous waste.
- In 2008, PDC filed an adjusted standard petition under 415 ILCS 5/28.1 seeking to delist certain residue from K061 electric arc furnace dust.
- Board granted a 103-page delisting adjusted standard order with conditions (Board Order AS 08-10, Jan. 8, 2009).
- Sierra Club and Peoria Families Against Toxic Waste timely petitioned for review; appellate court division questioned standing and merits, leading to this court’s review grant.
- This court held the opposition groups lacked standing to seek judicial review of the Board’s delisting adjusted standard.
- The dissent argued the opposition groups had standing and merited review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do opposition groups have standing to seek review under the Act? | Opposition groups rely on 29(a) standing and public interest in environmental regulation. | Opposition groups do not fall within section 41(a) categories for review. | No standing; they are not within 41(a) categories and the Board Order is not a reviewable rule. |
| Whether the Board Order is a 'rule or regulation promulgated by the Board' | Adjusted standards function like rules and should be reviewable under 29(a)/41(a). | Adjusted standards are not rules or regulations of general applicability; they are adjudicatory. | Board Order is not a rule or regulation promulgated by the Board. |
| If not a rule, can the adjusted standard still be subject to judicial review? | Adjusteds standards may be reviewable under 29(a) or 41(a) due to their regulatory impact. | Because not a rule/regulation, adjusted standards are outside §41(a)/§29(a) review avenues. | Adjusted standards are not reviewable as rules/regulations; appeal dismissed. |
Key Cases Cited
- Central Illinois Public Service Co. v. Pollution Control Board, 116 Ill. 2d 397 (1987) (distinguishes 27 vs 28.1 procedures and the nature of adjusted standards)
- Landfill, Inc. v. Pollution Control Board, 74 Ill. 2d 541 (1978) (board's quasi-judicial vs legislative functions in environmental actions)
- Wells Manufacturing Co. v. Pollution Control Board, 73 Ill. 2d 226 (1978) (distinguishes legislative vs quasi-judicial proceedings in rulemaking)
- Environmental Protection Agency v. Pollution Control Board, 86 Ill. 2d 390 (1981) (dual role of board and standards impacting review)
- Wexler v. Wirtz Corp., 211 Ill. 2d 18 (2004) (de novo standard for reviewing standing questions)