Waste Management of Illinois, Inc. v. Pollution Control Board

I respectfully dissent from the majority holding that the Board order filed within the mandated time limit did not constitute final action. I believe the Board could properly file its order and opinion separately, under the factual setting presented here. Neither the statute, Board rules, nor applicable case law requires a simultaneous filing of the order and opinion.

The majority attempts to force a merger between the section 33 requirement that a written opinion with reasons be filed, and the section 40.1 requirement that final action be taken within 120 days. The majority’s analysis rests…