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NATIONAL MARINE, INC. v. E.P.A.

No. 3-90-0814.

597 N.E.2d 911 (1992)

232 Ill. App.3d 847

173 Ill.Dec. 937

NATIONAL MARINE, INC., Plaintiff-Appellant, v. The ENVIRONMENTAL PROTECTION AGENCY and Bernard P. Killian, Director of the Illinois Environmental Protection Agency, Defendants-Appellees.

Appellate Court of Illinois, Third District.

August 3, 1992.

Attorney(s) appearing for the Case

William A. Speary, Jr. (argued), Karen K. Litscher, Much Shelist Freed Deneberg Ament & Eiger, Chicago, Keith R. Leigh, Pool & Leigh, Ottawa, for National Marine, Inc.

Carol L. Edelson (argued), Asst. Atty. Gen., Rosalyn B. Kaplan, Sol. Gen., Matthew J. Dunn, Chief, Environmental Control Div., Joseph J. Annunzio, Asst. Atty. Gen., Deputy Chief, PCB, William D. Seith, Asst. Atty. Gen., Chicago, for Illinois EPA and Bernard P. Killian.

Justice BARRY delivered the opinion of the court.

Plaintiff, National Marine, Inc., appeals from judgment of the circuit court of Grundy County dismissing its first amended complaint for declaratory judgment and other relief. The suit arises out of defendant Illinois Environmental Protection Agency's (the Agency) issuance of notice pursuant to section 4(q) of the Environmental Protection Act (Ill.Rev.Stat.1991, ch. 111½, par. 1004(q)) (the Act). The circuit court...

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