Clean Air Coordinating Committee v. Environmental Protection Agency, Nos. 61489

CourtUnited States Appellate Court of Illinois
Writing for the CourtMEJDA; McNAMARA; McGLOON
Citation355 N.E.2d 573,42 Ill.App.3d 124
Decision Date07 September 1976
Docket NumberNos. 61489,61518
PartiesCLEAN AIR COORDINATING COMMITTEE, Complainant-Respondent, v. ENVIRONMENTAL PROTECTION AGENCY, Respondent,-petitioner.

Page 573

355 N.E.2d 573
42 Ill.App.3d 124
CLEAN AIR COORDINATING COMMITTEE, Complainant-Respondent,
v.
ENVIRONMENTAL PROTECTION AGENCY, Respondent,-petitioner.
Nos. 61489, 61518.
Appellate Court of Illinois, First District, Third Division.
Sept. 7, 1976.

Page 574

[42 Ill.App.3d 125] Richard M. Kates, for complainant-respondent.

Kathryn S. Nesburg, Environmental Protection Agency, for respondent-petitioner.

MEJDA, Presiding Justice.

Respondent, Environmental Protection Agency (EPA) has petitioned this court for direct review of the Opinion and Order adopted on January 9, 1975 by the Illinois Pollution Control Board (Board), which is an appeal pursuant to section 41 of the Environmental Protection Act (Ill.Rev.Stat.1973, ch. 111 1/2, par. 1041) and Supreme Court Rule 335 (Ill.Rev.Stat.1973, Ch. 110A, par. 335). Complainant, Clean Air Coordinating Committee (CACC), filed a motion to dismiss the appeal for lack of jurisdiction. The motion was taken with the case.

Page 575

We dismiss the petition for review. The pertinent facts follow.

CACC filed an amended complaint before the Board against respondent EPA and its director, Richard Briceland, charging violation of Rules 403, 406 and 407 of the Air Pollution Control Regulations on four specified dates in 1974 regarding ozone. The amended complaint requested an order that the EPA and its director cease and desist from further violations of such rules, and also that if the Board found the director's violation was wilful, he be fined. A hearing was held October 1, 1974. On January 9, 1975 the Board adopted an Opinion and Order reciting Inter alia that EPA violated Rules 403 and 406 on August 9, 1974, by failing to call an ozone watch and that no violations were found as to the charges of July 24, or 26 or August 8, 1974. It concluded by ordering EPA to immediately cease and desist from violation of Rules 403 and 406.

[42 Ill.App.3d 126] On February 5, 1975, EPA filed a motion with the Board to reconsider its Opinion and Order of January 9 and to find that EPA did not violate the regulations on August 9, 1974. CACC filed a response to the motion of EPA and also filed a motion for reconsideration and clarification of the January 9 Opinion and Order, further requesting that the Board find a violation on each of the four dates as charged. While the motions were pending and undetermined, EPA on February 13, 1975 filed with this court the instant petition for review of the Opinion and Order adopted by the Board on January 9, 1975. Thereafter, on February 14, 1975, the Board adopted a further Opinion and Order which recited Inter alia: 'Therefore, although we do not disturb our basic finding that the Environmental Protection Agency did violate the Regulation, we will amplify somewhat on the opinion.' The latter Opinion and Order concluded by ordering that the motions of respondent EPA and of the complainant CACC each be denied.

CACC filed a motion to dismiss the instant appeal for lack of jurisdiction to which EPA filed a response. The motion was taken with the petition for review.

Complainant CACC, as grounds for its motion to dismiss this appeal, contends that the January 9 Opinion and Order is not a final appealable order. EPA contends that the January 9 Opinion and Order is final and appealable in that the Board's Procedural Rule 334 provides an indefinite time to apply for an administrative rehearing before the Board, and that the motions for reconsideration instituted a new proceeding and that the February Opinion and Order constituted a new and independent administrative decision, as provided in section 1 of the Administrative Review Act (Ill.Rev.Stat.1973, ch. 110, par. 264).

Procedural Rule 334 of the Board provides in pertinent part:

'Within 35 days after the entry of a final order and within such further time as the Board may allow, any party may file a motion for rehearing or modification of the order, or to vacate the...

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8 practice notes
  • Waste Management of Illinois, Inc. v. Illinois Pollution Control Bd., No. 1-89-2541
    • United States
    • United States Appellate Court of Illinois
    • July 20, 1990
    ...Control Board (1975), 60 Ill.2d 330, 336, 328 N.E.2d 5, 8; Clean Air Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 128, 355 N.E.2d 573, 576.) We believe that these two sections of the Act must be considered together when determining the deadline for fi......
  • Rossler v. Morton Grove Police Pension Bd., No. 88-0240
    • United States
    • United States Appellate Court of Illinois
    • January 9, 1989
    ...Code does not do so. (cf. Clean Air Page 931 [127 Ill.Dec. 849] Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 127, 355 N.E.2d 573.) Therefore the Board lacks jurisdiction to reconsider the pension granted to Rossler in The Board's reliance on Parliamen......
  • Condell Hosp. v. Health Facilities Planning Bd., No. 87-1537
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1987
    ...support their contention on nonfinality are inapposite. In Clean Air Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 355 N.E.2d 573, and International Harvester v. Industrial Com. (1978), 71 Ill.2d 180, 15 Ill.Dec. 747, 374 N.E.2d 182, it was the adminis......
  • Waste Management of Illinois, Inc. v. Illinois Pollution Control Bd., Docket Nos. 71001
    • United States
    • Supreme Court of Illinois
    • November 21, 1991
    ...of its conclusion, the appellate court cited generally Clean Air Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 127, 355 N.E.2d 573, and Waste Management of Page 608 Illinois, Inc. v. Pollution Control Board (1988), 175 Ill.App.3d 1023, 1035, 125 ill.de......
  • Request a trial to view additional results
8 cases
  • Waste Management of Illinois, Inc. v. Illinois Pollution Control Bd., No. 1-89-2541
    • United States
    • United States Appellate Court of Illinois
    • July 20, 1990
    ...Control Board (1975), 60 Ill.2d 330, 336, 328 N.E.2d 5, 8; Clean Air Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 128, 355 N.E.2d 573, 576.) We believe that these two sections of the Act must be considered together when determining the deadline for fi......
  • Rossler v. Morton Grove Police Pension Bd., No. 88-0240
    • United States
    • United States Appellate Court of Illinois
    • January 9, 1989
    ...Code does not do so. (cf. Clean Air Page 931 [127 Ill.Dec. 849] Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 127, 355 N.E.2d 573.) Therefore the Board lacks jurisdiction to reconsider the pension granted to Rossler in The Board's reliance on Parliamen......
  • Condell Hosp. v. Health Facilities Planning Bd., No. 87-1537
    • United States
    • United States Appellate Court of Illinois
    • September 29, 1987
    ...support their contention on nonfinality are inapposite. In Clean Air Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 355 N.E.2d 573, and International Harvester v. Industrial Com. (1978), 71 Ill.2d 180, 15 Ill.Dec. 747, 374 N.E.2d 182, it was the adminis......
  • Waste Management of Illinois, Inc. v. Illinois Pollution Control Bd., Docket Nos. 71001
    • United States
    • Supreme Court of Illinois
    • November 21, 1991
    ...of its conclusion, the appellate court cited generally Clean Air Coordinating Committee v. Environmental Protection Agency (1976), 42 Ill.App.3d 124, 127, 355 N.E.2d 573, and Waste Management of Page 608 Illinois, Inc. v. Pollution Control Board (1988), 175 Ill.App.3d 1023, 1035, 125 ill.de......
  • Request a trial to view additional results

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