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PEOPLE EX REL. HARTIGAN v. KERR-McGEE CHEMICAL CORP.

No. 2-90-0577.

568 N.E.2d 921 (1991)

210 Ill. App.3d 115

154 Ill.Dec. 700

The PEOPLE ex rel. Neil F. HARTIGAN, Attorney General, et al., Plaintiffs-Appellees, v. KERR-McGEE CHEMICAL CORPORATION, Defendant-Appellant.

Appellate Court of Illinois, Second District.

March 5, 1991.

Attorney(s) appearing for the Case

John C. Berghoff, Thomas P. Healy, Mark R. Ter Molen, Mayer, Brown & Platt, Chicago, Herbert Estreicher, Richard A. Meserve (argued), and Peter J. Nickles, Covington & Burling, Washington, D.C., for Kerr-McGee Chemical Corp.

Roland W. Burris, Atty. Gen., Douglas J. Rathe, Asst. Atty. Gen., argued, William D. Seth, Asst. Atty. Gen., Michelle D. Jordan, Chief, Environmental Control Div., and Robert J. Ruiz, Sol. Gen., Chicago, for Neil F. Hartigan, Atty. Gen., State of Ill.

James E. Ryan, Du Page County State's Atty., Robert K. Kilander, First Asst. State's Atty., George Sotos, and Doris Carol, Asst. State's Atty., Wheaton, for James E. Ryan, Du Page Co. State's Atty.

Richard A. Verkler, Robert F. Van Epps, Ltd., Elmhurst, Joseph Williams, and Matthew J. Dunn, Deputy Chief, Environmental Control Div., Chicago, for the People.

Justice GEIGER delivered the opinion of the court:

The plaintiff, the People of the State of Illinois (the State), sought and received a preliminary injunction to bar the defendant, Kerr-McGee Chemical Corporation (Kerr-McGee), from "construction of the waste contaminate facility proposed for the Kerr-McGee West Chicago site." That injunction is to remain in effect, basically, until Kerr-McGee complies with State environmental "construction" permit requirements. Kerr...

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