Laclede Steel Co. v. Pollution Control Board

Appellate Court of Illinois

Laclede Steel Co. v. Pollution Control Board

346 N.E.2d 225, 37 Ill. App. 3d 263, 1976 Ill. App. LEXIS 2171

CourtAppellate Court of Illinois

DecidedApril 5, 1976

DocketNo. 73-278

StatusPublished

Cited by3 cases

This text of 346 N.E.2d 225 (Laclede Steel Co. v. Pollution Control Board) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Laclede Steel Co. v. Pollution Control Board, 346 N.E.2d 225, 37 Ill. App. 3d 263, 1976 Ill. App. LEXIS 2171 (Ill. Ct. App. 1976).

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Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

This action involves a petition for judicial review of Illinois Pollution Control Board Regulation R72-2, which regulates permissible levels of sound emissions from stationary sources. Petitioners maintain this action under sections 29 and 41 of the Illinois Environmental Protection Act (Ill. Rev. Stat., ch. 111½, §§1029, 1041), providing for direct review in this court of regulations promulgated under the Act. As grounds for review, petitioners contend that the Illinois Pollution Control Board in adopting regulation R72 — 2 exceeded the authority delegated to it by the Environmental Protection Act and that the regulations are invalid as the Board failed to comply with section 27 of the Environmental Protection Act.

The issues in this case are controlled by our opinion in Shell Oil Co. v. Pollution Control Board (1976), 37 Ill. App. 3d 264, which has been filed concurrently with this opinion. That opinion held that the regulations in question are valid. Accordingly, the disputed regulations of the Pollution Control Board are affirmed.

Affirmed.

JONES, J., concurs.

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Mr. JUSTICE GEORGE J. MORAN

delivered the opinion of the court:

This action involves a petition for judicial review of Illinois Pollution Control Board Regulation R72-2, which regulates permissible levels of sound emissions from stationary sources. Petitioners maintain this action under sections 29 and 41 of the Illinois Environmental Protection Act (Ill. Rev. Stat., ch. 111½, §§1029, 1041), providing for direct review in this court of regulations promulgated under the Act. As grounds for review, petitioners contend that the Illinois Pollution Control Board in adopting regulation R72 — 2 exceeded the authority delegated to it by the Environmental Protection Act and that the regulations are invalid as the Board failed to comply with section 27 of the Environmental Protection Act.

The issues in this case are controlled by our opinion in Shell Oil Co. v. Pollution Control Board (1976), 37 Ill. App. 3d 264, which has been filed concurrently with this opinion. That opinion held that the regulations in question are valid. Accordingly, the disputed regulations of the Pollution Control Board are affirmed.

Affirmed.

JONES, J., concurs.

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346 N.E.2d 225, 37 Ill. App. 3d 263, 1976 Ill. App. LEXIS 2171, Counsel Stack Legal Research, https://law.counselstack.com/opinion/laclede-steel-co-v-pollution-control-board-illappct-1976.

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