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PEOPLE v. EINODER

Nos. 95942, 95943, 95944.

808 N.E.2d 517 (2004)

209 Ill.2d 443

283 Ill.Dec. 551

The PEOPLE of the State of Illinois, Appellant, v. John T. EINODER et al., Appellees.

Supreme Court of Illinois.

April 1, 2004.

Attorney(s) appearing for the Case

Lisa Madigan, Attorney General, Springfield (Gary Feinerman, Solicitor General, and Linda Woloshin, Mark L. Josephson and Russell K. Benton, Assistant Attorneys General, Chicago, of counsel), for the People.

Peter B. Carey, Diana R. Lamphiere and Leland E. Shalgos, Chicago, for appellees.

Justice KILBRIDE delivered the opinion of the court:

Defendants, John T. Einoder, Tri-State Industries, Inc., and J.T. Einoder, Inc., were charged, in three separate indictments, for criminal disposal of waste under section 44(p)(1)(A) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/44(p)(1)(A) (West 2000)). The circuit court of Cook County granted defendants' motion to dismiss each of the indictments, finding that section 44(p)(1)(A) is unconstitutionally...

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