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U.S. STEEL v. ILLINOIS POLLUTION CONTROL

No. 5-07-0285.

892 N.E.2d 606 (2008)

UNITED STATES STEEL CORPORATION, Petitioner, v. ILLINOIS POLLUTION CONTROL BOARD, ILLINOIS ENVIRONMENTAL PROTECTION AGENCY, and American Bottom Conservancy, Respondents.

Appellate Court of Illinois, Fifth District.

July 22, 2008.

Attorney(s) appearing for the Case

David T. Ballard, Carolyn S. Hesse, Barnes & Thornburg, LLP, Chicago, IL, for United States Steel Corp.

Lisa Madigan, Attorney General, State of Illinois, Rachel Hoover, Assistant Attorney General, Chicago, IL, for Illinois Environmental Protection Agency.

Marie E. Tipsord, Special Assistant Attorney General, Illinois Pollution Control Board, Chicago, IL, for Illinois Pollution Control Board.

Maxine I. Lipeles, Megan A. Wright, Elizabeth J. Hubertz, Heather B. Navarro, Washington University School of Law, Interdisciplinary Environmental Clinic, St. Louis, MO, for American Bottom Conservancy.

Katherine D. Hodge, Gale W. Newton, Hodge, Dwyer, Zeman, Springfield, IL, Amicus Curiae brief for Illinois Environmental Regulatory Group.

Justice WELCH delivered the opinion of the court:

This is a direct administrative review of a decision of the Illinois Pollution Control Board (Board) that invalidated a renewed National Pollutant Discharge Elimination System (NPDES) permit issued to United States Steel Corp. (U.S.Steel) by the Illinois Environmental Protection Agency (Agency). The Board invalidated the permit solely on the basis that despite a "significant degree of public interest in the proposed...

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