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SIERRA CLUB v. ILLINOIS POLLUTION CONTROL

No. 3-09-0120.

936 N.E.2d 670 (2010)

SIERRA CLUB and Peoria Families Against Toxic Waste, Petitioners-Appellants, v. ILLINOIS POLLUTION CONTROL BOARD, Peoria Disposal Company, Illinois Environmental Protection Agency, Respondents-Appellees, and United States Environmental Protection Agency, Respondents.

Appellate Court of Illinois, Third District.

August 24, 2010.

Attorney(s) appearing for the Case

David L. Wentworth, II (argued), James P. Lawson , Hasselberg, Williams, Grebe, Snodgrass & Birdsall, Peoria, for Sierra Club.

Lisa Madigan , Attorney General, Michael A. Scodro , Solicitor General, Brian F. Barov , Assistant Attorney General, John P. Schmidt (argued), Assistant Attorney General, Chicago, for Illinois Pollution Control Board.

Janaki Nair (argued), Brian J. Meginnes , Elias, Meginnes, Riffle & Seghetti, P.C., Peoria, Claire Manning, Brown, Hay & Stephens, LLP, Springfield, for Peoria Disposal Company.

Justice LYTTON delivered the opinion of the court:

Peoria Disposal Company (PDC) filed a petition with the Illinois Pollution Control Board (Board) to delist residue resulting from the treatment of electric arc furnace dust (EAFD) as a hazardous waste for disposal purposes. The Board issued an order granting PDC's petition. Sierra Club and Peoria Families Against Toxic Waste (collectively referred to as the opposition groups) seek reversal of the Board's order, arguing...

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