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NEBLOCK TRUCKING, INC. v. SCOTT

No. 09 C 1985.

725 F.Supp.2d 728 (2010)

NEBLOCK TRUCKING, INC., John Andruch and Jack Andruch, Jr. d/b/a/ Walnut Farms, Plaintiffs, v. Douglas P. SCOTT, in his official capacity as Director of the Illinois Environmental Protection Agency, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

July 21, 2010.

Attorney(s) appearing for the Case

Charles M. English , Wendy M. Yoviene , Ober, Kaler, Grimes & Shriver P.C., Washington, DC, for Plaintiffs.

James Allen Lang , Rachel Jana Fleischmann , Illinois Attorney General's Office, Chicago, IL, for Defendant.

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, District Judge.

Neblock Trucking, Inc. ("Neblock"), John Andruch and Jack Andruch, Jr. ("Andruch Brothers") (collectively, "Plaintiffs") filed this action against Douglas P. Scott ("Scott"), in his official capacity as Director of the Illinois Environmental Protection Agency ("IEPA"), alleging that a permit issued by the IEPA violated Article I, Section 8, Clause 3 of the U.S. Constitution (the "Commerce...

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