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LAND AND LAKES CO. v. ILLINOIS PCB

Nos. 3-99-0689, 3-99-0819.

743 N.E.2d 188 (2000)

319 Ill.App.3d 41

252 Ill.Dec. 614

LAND AND LAKES COMPANY, Petitioner, v. ILLINOIS POLLUTION CONTROL BOARD, Will County Board, and Waste Management of Illinois, Inc., Respondents. Sierra Club, Audubon Council of Illinois, and Illinois Audubon Society, Petitioners, v. Illinois Pollution Control Board, Will County Board, and Waste Management of Illinois, Inc., Respondents.

Appellate Court of Illinois, Third District.

December 28, 2000.

Attorney(s) appearing for the Case

Elizabeth S. Harvey (argued), Kristin Dvorsky-Tauras, McKenna, Storer, Rowe, White & Farrug, Chicago, for Land and Lakes Company.

Albert F. Ettinger (argued), Environmental Law & Policy Center of the Midwest, Chicago, for Sierra Club.

Charles F. Helsten, Robert C. Torbert, Richard S. Porter (argued), Hinshaw & Culbertson, Rockford, for Will County Board.

Donald J. Moran (argued), Pedersen & Houpt, Chicago, for Waste Management of Illinois, Inc.

James Ryan, Attorney General, Marcia L. McCormick (argued), Assistant Attorney General, Joel D. Bertocchi, Solicitor General, Chicago, for Illinois Pollution Control Board.

Christine G. Zeman, Hodge & Dwyer, Springfield, for Appellee.

Presiding Justice SLATER delivered the opinion of the court:

The Illinois Pollution Control Board (PCB) affirmed the decision of the Will County Board (County Board) to grant siting approval to Waste Management of Illinois, Inc. (WM), for the construction of a pollution control facility. Petitioners, Land and Lakes Company (LALC) and Sierra Club, Audubon Council of Illinois, and Illinois Audubon Society (referred to hereinafter collectively as "Sierra Club") seek...

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