Southwest Energy Corp. v. Pollution Control Board

Southwest Energy Corporation (Southwest) obtained local siting approval from the City of Havana (Havana) for a waste-to-energy incinerator. A citizen’s group, Concerned Citizens for a Better Environment (Concerned Citizens), appealed Havana’s decision to the Illinois Pollution Control Board (Board). The Board reversed Havana’s siting approval based upon a lack of fundamental fairness in Havana’s hearing process. (Concerned Citizens for a Better Environment v. City of Havana (May 19, 1994), Ill. PCB Op. 94-44.) Southwest now appeals. We affirm.

Southwest, owned by John Kirby, filed its…