ILLINOIS POLLUTION CONTROL BOARD
July 22,
1993
MARATHON OIL COMPANY,
)
Petitioner,
v.
)
PCB 91—173
(Variance on Remand)
ILLINOIS ENVIRONMENTAL
)
PROTECTION AGENCY,
)
)
Respondent.
ORDER OF THE BOARD
(by R.C.
Flemal):
This matter comes before the Board on remand from the
appellate court,
fifth district. On March 23,
1993 the court
reversed and remanded an order of the Board that denied variance
to Marathon, directing the Board to “decide if the hardship to
Marathon outweighs the environmental impact,
if any,
of the
requested variance”.
(Marathon Oil Company v. IEPA (5th Dist.
1993),
242 I11.App.3d 200,
610 N.E.2d 789,
182 Ill. Dec.
920.)
The mandate has now issued from the court.
Consequently,
the Board directs the parties to file statements indicating their
views as to how this proceeding should best proceed, including
addressing whether they believe additional briefing or hearing is
required in this matter.
The statements shall be filed no later
than August 9,
1993.
IT IS SO ORDERED.
I, Dorothy M. Gunn,
Clerk of the Illinois Pollution Control
Board, hereby certify that the above order was adopted on the
~‘‘
day of
-
,
1993,
by a vote of
-
If
~
/
/
Dorothy M.
Guthi, Clerk
Illinois Pollution Control Board