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EPA v. POLLUTION CONTROL BD.

No. 78-2114.

88 Ill. App.3d 71 (1980)

410 N.E.2d 98

THE ENVIRONMENTAL PROTECTION AGENCY, Petitioner, v. THE POLLUTION CONTROL BOARD et al., Respondents.

Appellate Court of Illinois — First District (5th Division).

Rehearing denied October 1, 1980.

Attorney(s) appearing for the Case

William J. Scott, Attorney General, of Chicago (Dean Hansell and Judith S. Goodie, Assistant Attorneys General, of counsel), for petitioner.

Clifton A. Lake and Johnnine Brown Hazard, both of Rooks, Pitts, Fullagar & Poust, of Chicago, for respondent United States Steel Corporation.

Order reversed.

Mr. JUSTICE MEJDA delivered the opinion of the court:

The Illinois Environmental Protection Agency (Agency) appeals from an order of the Illinois Pollution Control Board (Board) directing the Agency to issue an operating permit, which it had previously denied, to United States Steel Corporation (U.S. Steel). On appeal, the Agency contends that: (1) the Board improperly relied on its own knowledge concerning a question of fact never before raised...

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