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HORSEHEAD RESOURCE DEVELOPMENT CO., INC. v. ILLINOIS POLLUTION CONTROL BD.

No. 1-96-2571.

684 N.E.2d 837 (1997)

291 Ill. App.3d 948

225 Ill.Dec. 846

HORSEHEAD RESOURCE DEVELOPMENT COMPANY, INC., Petitioner-Appellant, v. ILLINOIS POLLUTION CONTROL BOARD and Conversion Systems, Inc., Respondents-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

Rehearing Denied September 16, 1997.

Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld, L.L.P., Washington, DC, Much, Shelist, Freed, Denenberg, Amient, Bell & Rubenstein, Chicago (John Van Vranken, of counsel), for Petitioner-Appellant.

James Ryan & Barbara, Preiner, Chicago (Daniel N. Malato, of counsel), for Respondent-Appellee Illinois Pollution Control Board.

Justice HOFFMAN delivered the opinion of the court:

The petitioner, Horsehead Resource Development Company, Inc. (Horsehead), filed this appeal for review of an Illinois Pollution Control Board (Board) decision adopting a federal hazardous waste delisting of electric arc furnace dust (EAFD) treated by respondent Conversion Systems, Inc. (CSI). On appeal, Horsehead claims that the Board exceeded its statutory authority under the Illinois Environmental Protection Act...

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