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COMMONWEALTH EDISON CO. v. P.C.B.

Docket No. 47352.

62 Ill.2d 494 (1976)

343 N.E.2d 459

COMMONWEALTH EDISON COMPANY, Appellee, v. THE POLLUTION CONTROL BOARD, Appellant.

Supreme Court of Illinois.

Rehearing denied March 25, 1976.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Springfield (George William Wolff, Assistant Attorney General, of Chicago, of counsel), for appellant.

Richard E. Powell, Gerald D. Mindell, and Eugene H. Bernstein, of Chicago (Isham, Lincoln & Beale, of counsel), for appellee.

Wallace H. Johnson, Assistant Attorney General, and Edmund B. Clark and Larry G. Gutterridge, of the Department of Justice, Washington, D.C. (Robert B. Schaefer, Regional Counsel, Dorothy Attermeyer, Assistant Regional Counsel, U.S. Environmental Protection Agency, Region V, of Chicago, and John Bonjne and Jerome Ostrov, of the United States Environmental Protection Agency, Washington, D.C., of counsel), for amicus curiae United States Environmental Protection Agency.

Thomas Arthur, of Chicago (Daniel Swartzman, of counsel), for amicus curiae Chicago Lung Association.

Docket No. 47352. Agenda 38. September, 1975.

MR. JUSTICE GOLDENHERSH delivered the opinion of the court:

On April 13, 1972, under its docket No. R 71-23, the Illinois Pollution Control Board (hereafter the Board) filed an opinion and order adopting chapter 2 of its rules and regulations. Chapter 2 was divided into eight parts and contained both new rules and previously adopted rules which had been renumbered and reclassified. Commonwealth

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