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EPA v. POLLUTION CONTROL BD.

No. 80-368.

95 Ill. App.3d 400 (1981)

420 N.E.2d 245

ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — Third District.

Opinion filed April 28, 1981.

Attorney(s) appearing for the Case

Tyrone C. Fahner, Attorney General, of Chicago (George W. Wolff and Philip L. Willman, Assistant Attorneys General, of counsel), for petitioner.

David M. Strawn, of Davenport, Iowa, for respondent Mississippi River Grain Elevator, Inc.

Morton F. Dorothy, of Carbondale, for respondent Illinois Pollution Control Board.

Reversed and remanded.

Mr. JUSTICE ALLOY delivered the opinion of the court:

The Environmental Protection Agency (hereinafter EPA) appeals from the decision and order of the Pollution Control Board (hereinafter PCB), wherein the PCB granted a variance to Mississippi River Grain Elevator, Inc. (hereinafter MRGE) from the PCB's Rules and Regulations governing grain handling facilities. MRGE had filed a petition...

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