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CITIZENS OPPOSING POLLUTION v. EXXONMOBIL

No. 5-09-0207.

936 N.E.2d 181 (2010)

CITIZENS OPPOSING POLLUTION, Plaintiff-Appellant, v. EXXONMOBIL COAL U.S.A. and The Illinois Environmental Protection Agency, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

September 24, 2010.

Attorney(s) appearing for the Case

Penni S. Livingston , Livingston Law Firm, Fairview Heights, for Appellant.

Raymond L. Massey , Peter S. Strassner , Paul T. Sonderegger , Thompson Coburn , LLP, St. Louis, MO; Kurt E. Reitz , Heath H. Hooks , Thompson Coburn, LLP, Belleville, for ExxonMobil Coal U.S.A.

Liza Madigan , Attorney General, State of Illinois, Michael A. Scodro , Solicitor General, Brian F. Barov , Assistant Attorney General, Chicago, for The Illinois Environmental Protection Agency.

Presiding Justice GOLDENHERSH delivered the opinion of the court:

Plaintiff, Citizens Opposing Pollution, a not-for-profit citizens group, filed a six-count complaint against defendants, ExxonMobil Coal U.S.A. (Exxon) and the Illinois Environmental Protection Agency (the Agency), seeking to obtain injunctive relief to cause Exxon to remove and properly dispose of slurried coal production waste allegedly leaching into the community drinking water supply known as the...

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