People v. Kerr-McGee Chemical Corp.

Defendant, Kerr-McGee Chemical Corporation (Kerr-McGee), appeals from the denial of a stay of proceedings by the circuit court of Du Page County. The stay was requested on the ground that primary jurisdiction over the subject of this litigation rests with a Federal administrative agency, the Nuclear Regulatory Commission (the NRC). On appeal, Kerr-McGee argues that injunctive relief sought by plaintiff, the People of the State of Illinois (the State), is unavailable because it is preempted by Federal law or, alternatively, that the circuit court erred in denying a stay of proceedings. The…