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CITIZENS FOR A BETTER ENV. v. POLL. CONT. BD

Nos. 86-3026, 86-3250 cons.

152 Ill. App.3d 105 (1987)

504 N.E.2d 166

CITIZENS FOR A BETTER ENVIRONMENT et al., Petitioners-Appellants, v. THE POLLUTION CONTROL BOARD et al., Respondents-Appellees.

Appellate Court of Illinois — First District (4th Division).

Opinion filed January 26, 1987.

Attorney(s) appearing for the Case

Neil F. Hartigan, Attorney General, of Springfield (Roma Jones Stewart, Solicitor General, and Nancy J. Rich and H. Alfred Ryan, Assistant Attorneys General, of Chicago, of counsel), for the People.

Business & Professional People for the Public Interest, of Chicago (Howard A. Learner, John R. Hammell, and Robert L. Jones, Jr., of counsel), for appellant Citizens for a Better Environment.

Lee Cunningham, Kathleen Crowley, and Lorilyn Chamberlin, all of Chicago, for appellee Illinois Pollution Control Board.

Rooks, Pitts & Poust, of Chicago (James T. Harrington, Richard M. Kuntz, and Katherine D. Hodge, of counsel), for appellee Illinois Environmental Regulatory Group.

Collins & Flynn, of Springfield (Neil F. Flynn, of counsel), for appellee J. Theodore Meyer.

Order vacated.

JUSTICE JIGANTI delivered the opinion of the court:

The petitioners-appellants, Citizens for a Better Environment (CBE) and the People of the State of Illinois, challenge the propriety of the use by the Illinois Pollution Control Board (Board) of the emergency rulemaking procedures under the Illinois Administrative Procedure Act (IAPA) (Ill. Rev. Stat. 1985, ch. 127, par. 1005.02).

Preliminarily, the relationship between the Environmental...

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