Village of Carpentersville v. Pollution Control Board

Petitioner, Village of Carpentersville (Village), brings this petition for review from a decision of the Illinois Pollution Control Board (Board), which declared a portion of the Village’s zoning ordinance preempted by a condition in a permit issued by the Illinois Environmental Protection Agency (Agency) to Cargill, Inc. (Cargill). Cargill brings a cross-appeal challenging the necessity of the requirement imposed by the Agency as a condition of the permit.

The Village raises several issues on appeal. However, we find we need only address one, to wit, whether the Village’s zoning ordinance is…