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CITY OF CHICAGO v. POLLUTION CONTROL BD.

Nos. 46537, 46538 cons.

59 Ill.2d 484 (1974)

322 N.E.2d 11

THE CITY OF CHICAGO, Appellee, v. THE POLLUTION CONTROL BOARD et al., Appellants.

Supreme Court of Illinois.

Rehearing denied January 28, 1975.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (Richard W. Cosby and Michael A. Benedetto, Jr., Assistant Attorneys General, both of Chicago, of counsel), for appellants.

Richard L. Curry, Corporation Counsel, of Chicago (Daniel Pascale, Edmund Hatfield, Henry F. Weber, and Lee Schwartz, Assistants Corporation Counsel, of counsel), for appellee.

Wallace H. Johnson, Assistant Attorney General, of Washington, D.C., James R. Thompson, United States Attorney, and David R. Sturges, Assistant to the United States Attorney, both of Chicago, and Edmund B. Clark and Lawrence E. Shearer, of the Department of Justice, of Washington, D.C., for amicus curiae the United States of America.

Judgments reversed.

MR. JUSTICE RYAN delivered the opinion of the court:

This is a consolidated appeal from two orders of the circuit court of Cook County enjoining the Illinois Pollution Control Board and the Illinois Environmental Protection Agency (EPA) from enforcing certain sections of the Environmental Protection Act (Ill. Rev. Stat. 1971, ch. 111 1/2, par. 1001 et seq.), and certain rules and regulations adopted pursuant to the Act, against the...

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