On November 17, 2006, the Appellate Court, Third District, issued a Rule 23 order in County of Kankakee et al. v. Illinois Pollution Control Board et al., Nos. 3-04-0271, 3-04-0285, 3-04-0289 (cons.). The appellate court determined that T & C's 2002 siting application had been disapproved within the meaning of 415 ILCS 5/39.2(m). The appellate court further determined that T & C's 2003 application was substantially the same as the 2002 application and, consequently...
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