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NAT'L MARINE SERVICE INC. v. EPA

No. 4-83-0306.

120 Ill. App.3d 198 (1983)

458 N.E.2d 551

NATIONAL MARINE SERVICE INCORPORATED, Plaintiff-Appellant, v. THE ENVIRONMENTAL PROTECTION AGENCY et al., Defendants-Appellees — (Illinois-American Water Company, Intervenor-Appellee).

Appellate Court of Illinois — Fourth District.

Opinion filed December 20, 1983.

Attorney(s) appearing for the Case

Harley Hutchins and Sheldon Karasik, both of Mayer, Brown & Platt, of Chicago (Brown, Hay & Stephens, of counsel), for appellant.

Neil F. Hartigan, Attorney General, of Springfield (Leslie J. Rosen, Assistant Attorney General, of counsel), for appellees Environmental Protection Agency and Richard J. Carlson.

Eugene H. Bernstein and Mark C. Furse, both of Isham, Lincoln & Beale, of Chicago, for appellee Illinois-American Water Co.

Reversed and remanded.

PRESIDING JUSTICE MILLS delivered the opinion of the court:

Barge fleet.

Certification by the Illinois EPA sought.

It was denied.

Circuit court held it had no jurisdiction.

We cannot agree.

We reverse and remand.

A complaint was filed against the Illinois Environmental Protection Agency seeking a declaratory judgment, injunctive relief, and writ of certiorari. The suit challenged...

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