People Ex Rel. Ryan v. Agpro, Inc.

In this case we must decide whether section 42(e) of the Environmental Protection Act (the Act) (415 ILCS 5/1 et seq. (West 2002)), authorizes a court to issue a mandatory injunction requiring a polluter to clean up contamination it caused. In 1994 the State brought suit against defendants Agpro, Inc., and David J. Schulte, as an individual and as president of Agpro, Inc., seeking injunctive relief, recovery of remediation costs, and civil penalties. In 2002 the matter proceeded to a bench trial, after which the circuit court of Ogle County awarded certain remediation costs and imposed a…