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KERR-McGEE CHEMICAL CORP. v. DEPT. OF NUCLEAR SAFETY

No. 4-90-0330.

561 N.E.2d 1370 (1990)

204 Ill. App.3d 605

149 Ill.Dec. 674

KERR-McGEE CHEMICAL CORPORATION, Plaintiff-Appellee, v. DEPARTMENT OF NUCLEAR SAFETY, Defendant-Appellant.

Appellate Court of Illinois, Fourth District.

October 18, 1990.

Attorney(s) appearing for the Case

Neil F. Hartigan, Atty. Gen., Chicago, Robert J. Ruiz, Sol. Gen., Rosalyn B. Kaplan, Asst. Atty. Gen., for defendant-appellant.

Patrick J. Cadigan, Hinshaw, Culbertson, Moelmann, Hoban & Fuller, Springfield, Peter J. Nickles, Richard A. Meserve, Bette Orr, Covington & Burling, Washington, D.C., for plaintiff-appellee.

Justice STEIGMANN delivered the opinion of the court:

This case is an outgrowth of a controversy over the disposal of nuclear waste on property owned by plaintiff Kerr-McGee Chemical Corporation (Kerr-McGee) in West Chicago. The principal question presented is whether Kerr-McGee may challenge, by means of a declaratory judgment action, rules promulgated by defendant Illinois Department of Nuclear Safety (Department) pertaining to nuclear waste, which are not currently...

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