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FEDEX GROUND PACKAGE v. POLLUTION CONTROL

No. 1-07-0236.

889 N.E.2d 697 (2008)

FEDEX GROUND PACKAGE SYSTEM, INC., Petitioner-Appellant, v. The POLLUTION CONTROL BOARD and The Environmental Protection Agency, Respondents-Appellees.

Appellate Court of Illinois, First District, Fifth Division.

May 23, 2008.

Attorney(s) appearing for the Case

Thomas W. Daggett, Chicago, for Petitioner-Appellant.

Lisa Madigan, Attorney General, Springfield, Jerald S. Post, Assistant Attorney General, Gary Feinerman, Solicitor General of State of Illinois, Chicago, for Respondents-Appellees.

Justice TULLY delivered the opinion of the court:

This appeal arises from a petition for direct review of an administrative order under Illinois Supreme Court Rule 335. 155 Ill.2d R. 335. In November, 2002, FedEx Ground Package System, Inc. (FedEx), acquired property previously used as a truck terminal. Subsurface samples prior to and after FedEx's acquisition of the property indicated concentration of fuel-related contaminants that exceeded Tier 1 soil and groundwater...

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