Village of Carpentersville v. Pollution Control Board

At the core of this appeal is the question of whether a village zoning ordinance is preempted by a requirement set forth in a permit issued by the Environmental Protection Agency (Agency) under the provisions of the Environmental Protection Act (the Act) (Ill. Rev. Stat. 1987, ch. IIIV2, par. 1001 et seq.). The Village of Carpentersville (the Village) appealed a determination of the Illinois Pollution Control Board (Board) that held a height restriction in the Village’s zoning ordinance was preempted by the provisions of the Act. The appellate court reversed (176 Ill. App. 3d 668), finding no…