STLD01-1217698-1
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PRAIRIE RIVERS NETWORK and
)
SIERRA CLUB
)
)
Petitioners,
)
)
v.
)
PCB 06-124
)
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY and PRAIRIE STATE GENERATING )
COMPANY, LLC
)
)
Respondents
)
AMERICAN BOTTOM CONSERVANCY
)
and DALE WOJTKOWSKI,
)
)
Petitioners,
)
)
v.
)
PCB 06-127
)
(NPDES Permit Appeal)
ILLINOIS ENVIRONMENTAL PROTECTION )
AGENCY and PRAIRIE STATE GENERATING )
COMPANY, LLC
)
)
Respondents
)
PETITIONERS’ MOTION FOR VOLUNTARY DISMISSAL WITH PREJUDICE
Petitioners, American Bottom Conservancy and Dale Wojtkowski (collectively,
“ABC”), by and through their attorney, Penni Livingston, hereby move the Board to GRANT
this Motion to Voluntarily Dismiss with prejudice ABC’s petition for review of Respondent
Illinois Environmental Protection Agency’s decision to issue NPDES Permit No. Il0076996
to Respondent Prairie State Generating Company, LLC, which petition is the subject of
Case No. 06-127, for the reason that ABC and Respondents have heretofore settled issues
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
2
between them regarding the matters that are the subject of ABC’s Petition. Respondents
have represented to ABC that they will not file a response to this Motion.
WHEREFORE, ABC respectfully requests this Board to GRANT Petitioners’ Motion
For Voluntary Dismissal With Prejudice and to DISMISS with prejudice ABC’s petition that
is the subject of Case No. 06-127.
Date: ______________, 2006
Respectfully submitted,
Penni Livingston
#06196480
Livingston Law Firm
4972 Benchmark Centre, Suite 100
Swansea, IL 62226
618/628-7700
penni@livingstonlaw.biz
ATTORNEY FOR PETITIONERS AMERICAN
BOTTOM CONSERVANCY AND DALE
WOJTKOWSKI
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
3
CERTIFICATE OF SERVICE
The undersigned hereby certifies that copies of the foregoing Petitioners’ Motion For
Voluntary Dismissal With Prejudice have been deposited in the U.S. Mail, first class
postage prepaid, this 14th day of March, 2006, in envelopes addressed to:
Carol Webb
Hearing Officer
Illinois Pollution Control
Board
James R. Thompson
Center, Suite 11-500
100 West Randolph Street
Chicago, IL 60601-3218
Albert F. Ettinger
Richard H. Acker
Environmental Law &
Policy Center
35 East Wacker Drive,
Suite 1300
Chicago, IL 60601-2110
W.C. Blanton
Blackwell Sanders Peper Martin, LLP
4801 Main Street
Suite 1000
Kansas City, MO 64112
Sanjay Sofat
Division of Legal Counsel
Illinois Environmental Protection Agency
1021 North Grand Avenue East
P.O. Box 19276
Springfield, IL 62794-9276
____________________________________
PENNI LIVINGSTON
Attorney #06196480
Livingston Law Firm
4972 Benchmark Centre, Suite 100
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006
4
Swansea, IL 62226
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, MARCH 14, 2006