Legal Opinion
Alternate Fuels, Inc. v. Director of the Illinois Environmental Protection Agency Modified on Denial of Rehearing - replaces orig. opinion filed 10/21/04
Illinois Supreme Court
Decided June 16, 2005No. 96071 RelPublished
1Opinion of the Court 1
Docket No. 96071–Agenda 11–May 2004.
ALTERNATE FUELS, INC., Appellee, v. DIRECTOR OF THE ILLINOIS ENVIRONMENTAL PROTECTION AGENCY et al. , Appellants.
Opinion filed October 21, 2004.–Modified on denial of rehearing June 16, 2005.
2Opinion of the Court · FitzgeraldJustice Fitzgerald
The primary question in this appeal is whether a business which has been issued a violation notice under section 31(a) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/1 et seq. (West 2002)) for failure to secure a permit as allegedly required by the Act, and then ceases operations, may bring a declaratory action to test the validity of the alleged…
Also in this document: Dissent · Freeman; Dissent · Freeman.
3Cases cited16 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- National Park Hospitality Association v. Department of the InteriorSupreme Court of the United States · 2003
- Ewing v. Mytinger & Casselberry, Inc.Supreme Court of the United States · 1950
- Michigan Avenue National Bank v. County of CookIllinois Supreme Court · 2000
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