Legal Opinion · Concurrence

Shell Oil Co. v. Pollution Control Board

Appellate Court of Illinois

Decided April 5, 1976No. 73-279Published

1Concurrence

Mr. PRESIDING JUSTICE KARNS,

specially concurring:

I concur in the opinion of the court as I believe it adopts the appropriate standard for judicial review of rule-making proceedings before the Pollution Control Board.

Sections 29 and 41 of the Environmental Protection Act (Ill. Rev. Stat. 1975, ch. 111½, pars. 1029, 1041) afford persons “adversely affected or threatened” an opportunity to seek immediate review of the Board’s rules. These provisions thrust the judiciary into a review of administrative rule making immediately after a rule is adopted and are, to my knowledge, unique in their…

2Cases cited18 opinions

  1. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  2. Muskrat v. United StatesSupreme Court of the United States · 1911
  3. The Toilet Goods Association, Inc. v. John w.ga Rdner, Secretary of Health, Education, and WelfareSupreme Court of the United States · 1967
  4. Columbia Broadcasting System, Inc. v. United StatesSupreme Court of the United States · 1942
  5. Gardner v. Toilet Goods Assn., Inc.Supreme Court of the United States · 1967

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