Environmental Protection Agency v. Fitz-Mar, Inc.

PRESIDING JUSTICE HARTMAN

delivered the opinion of the court:

Defendant Fitz-Mar, Inc., appeals from a circuit court order granting plaintiffs’ motion for a preliminary injunction and insists the lower court abused its discretion in granting the motion for injunctive relief.

Defendant, a corporation licensed to do business in Illinois, operates a solid waste landfill in Chicago Heights, Illinois, pursuant to a permit received in 1981 from plaintiff Illinois Environmental Protection Agency (IE PA or agency). The landfill is divided into 16 separate dumping areas or cells; defendant must obtain an…