Central Illinois Public Service Co. v. Pollution Control Board

I respectfully dissent from the majority because in my opinion it affirmatively appears from the record and the findings of the Pollution Control Board, as contained in their opinion and supplemental opinion, that the Board did not have jurisdiction to proceed in this case and that its orders are therefore void.

It is a commanding tenet of administrative law that an administrative agency and its officers may exercise only those powers conferred upon them by statute. (Pearce Hospital Foundation v. Illinois Public Aid Com., 15 Ill. 2d 301, 154 N.E.2d 691; Trigg v. Industrial Com., 364 Ill. 581,…