ILLINOIS POLLUTION CONTROL BOARD
November 6, 1997
SIERRA CLUB AND JIM BENSMAN,
Petitioner,
v.
CITY OF WOOD RIVER AND NORTON
ENVIRONMENTAL,
Respondent.
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PCB 98-43
(Pollution Control Facility Siting
Appeal)
CONCURRING OPINION (by G.T. Girard and J. Theodore Meyer):
We respectfully concur with the action taken by the majority today. On page four of
the majority’s order, the majority strikes paragraph two of Mr. Bensman’s petition for review.
The majority strikes this paragraph because Mr. Bensman “is prohibited from representing the
Sierra Club” in this matter. In a dissenting opinion of October 2, 1997, we disagreed with the
majority’s position that Mr. Bensman cannot represent the Sierra Club in this matter.
An attorney representing the Sierra Club has subsequently filed an appearance before
the Board in this matter. Thus, the challenge set forth in paragraph two of Mr. Bensman’s
original petition will be carried forward in this proceeding. Therefore, since we agree with the
other determinations made in the majority’s order, we believe that we need only concur with
that order. We do however continue to stand by our dissent of October 2, 1997.
J. Theodore Meyer
G. Tanner Girard
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I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
the above concurring opinion was submitted on the 18th day of November, 1997.
Dorothy M. Gunn, Clerk
Illinois Pollution Control Board