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PRAIRIE RIVERS NETWORK v. POLLUTION CONTROL

No. 4-01-0801.

781 N.E.2d 372 (2002)

335 Ill. App.3d 391

269 Ill.Dec. 575

PRAIRIE RIVERS NETWORK, Petitioner, v. The ILLINOIS POLLUTION CONTROL BOARD; The Illinois Environmental Protection Agency; and Black Beauty Coal Company, Respondents.

Appellate Court of Illinois, Fourth District.

October 24, 2002.

Attorney(s) appearing for the Case

Albert Ettinger (argued), Environmental Law & Policy Center, Chicago, for Prairie Rivers Network.

James E. Ryan, Attorney General, Joel D. Bertocchi, Solicitor General, Diane M. Potts, Assistant Attorney General (argued), Chicago, for Pollution Control Board.

W.C. Blanton, Blackwell Sanders Peper Martin LLP, Kansas City, MO, for Black Beauty Coal Company.

Fred L. Hubbard, Danville, for Amicus Curiae Vermilion Coal Company.

Thomas G. Safley, Cassandra I. Karimi, Hodge Dwyer Zeman, Robert A. Messina, Ill. Environmental Regulatory Group, Springfield for Amicus Curiae Ill. Environmental Regulatory Group.

Justice STEIGMANN delivered the opinion of the court:

In December 2000, respondent, the Illinois Environmental Protection Agency (IEPA or agency), issued a final National Pollutant Discharge Elimination System (NPDES) permit to respondent Black Beauty Coal Company (Black Beauty). In January 2001, petitioner, Prairie Rivers Network (Prairie Rivers), a river conservation group, filed a petition with respondent, the Illinois Pollution Control Board (Board), requesting...

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