Legal Opinion

NEBLOCK TRUCKING, INC. v. Scott

District Court, N.D. Illinois

Decided July 21, 2010No. 09 C 1985Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

RUBEN CASTILLO, District Judge.

Neblock Trucking, Inc. (“Neblock”), John Andruch and Jack Andruch, Jr. (“Andruch Brothers”) (collectively, “Plaintiffs”) filed this action against Douglas P. Scott (“Scott”), in his official capacity as Director of the Illinois Environmental Protection Agency (“IEPA”), alleging that a permit issued by the IEPA violated Article I, Section 8, Clause 3 of the U.S. Constitution (the “Commerce Clause”). (R. 17, Corrected Compl.) After the Court’s ruling on a prior motion to dismiss, Scott filed an additional motion to dismiss pursuant to…

2Cases cited20 opinions

  1. Friends of the Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc.Supreme Court of the United States · 2000
  2. United States v. Concentrated Phosphate Export Assn., Inc.Supreme Court of the United States · 1968
  3. Yoshio Oto, of the Estate of Noboru Oto v. Metropolitan Life Insurance Company, Defendant/third-Party v. Ashby Beverley, Third-PartyCourt of Appeals for the Third Circuit · 2000
  4. Richard F. Harrington, Tavares Harrington, Tyjuan Kidd v. City of Chicago, Officer Delgado, Officer MoranCourt of Appeals for the Seventh Circuit · 2006
  5. Obriecht v. RaemischCourt of Appeals for the Seventh Circuit · 2008

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