City of Waukegan v. Environmental Protection Agency

The City of Waukegan (the City) filed suit against the North Shore Sanitary District (the District) and the Illinois Environmental Protection Agency (the Agency) in the circuit court of Lake County, seeking declaratory and injunctive relief with respect to the District’s proposed construction of a “Biosolids Reuse Project” in Waukegan. The District filed a counterclaim that, inter alia, asked the court to declare that the City’s zoning and building regulations do not apply to it.

The District appeals the denials of (1) its motion for judgment on the pleadings as to counts III through VI of the…