M.I.G. Investments, Inc. v. Environmental Protection Agency

The plaintiff, M.I.G. Investments, Inc., filed a petition for a supplemental development permit with the Illinois Environmental Protection Agency (Agency) to increase the vertical contour levels of its landfill, located in Boone County, to an elevation of 872 feet above sea level. The Agency denied the petition on the ground that the plaintiff had failed to obtain local governmental approval for the proposed expansion pursuant to section 39(c) of the Environmental Protection Act (Act) (Ill. Rev. Stat. 1985, ch. 111½, par. 1039(c)). The Pollution Control Board (Board), with one member…