TT.T~TNOTSPOT.T.HTTON CONTROT,
    RflARfl
    July 20,
    1995
    EUGENE W.
    GRAHAM,
    )
    Petitioner,
    V.
    )
    PCB 95-89
    )
    (UST Fund)
    TLLTNOTS ENVTPONMENTAL
    PROTECTION AGENCY,
    )
    Respondent.
    ORDER OF THE BOARD (by J. Yi):
    On July 6,
    1995, the Illinois Environmental Protection
    Agency (Agency)
    filed a motion for leave to file instanter and a
    motion for
    clarification.
    The Agency is not requesting the Board
    to clarify any statement of fact or any issue of law in its
    motion for clarification, but instead argues issues raised in
    petitioner’s reply brief and/or raises new arguments.
    As basis
    for filing the motion the Agency states that petitioner presented
    different facts concerning the issues in its reply brief from
    its
    post-hearing brief,
    and, misrepresented facts in the Supplemental
    Record.
    The Agency asserts that it would be prejudiced if not
    allowed to respond.
    On July 12,
    1995, petitioner filed a response to the motion
    for clarification.
    Petitioner argues that the motions should be
    denied because they are an attempt to file a sur—reply or
    additional arguments.
    Petitioner’s motion then argues in
    response to the arguments in the Agency’s motion.
    The Board grants the motion for leave to file a motion for
    clarification but denies the motion for clarification.
    The
    Agency states no authority which would allow it to file a sur-
    reply brief and the Agency is not asking for the Board to issue
    an order of clarification, but is instead asking for the Board to
    rule in its favor.
    No prejudice will occur if the Agency is not
    allowed to respond to petitioner’s reply brief since the Agency
    has already had its opportunity to respond to the arguments in
    this matter.
    The record in this matter is closed.
    IT IS SO ORDERED.
    I, Dorothy M.
    Gunn,
    Clerk of the Illinois Pollution Control
    Board, hereby
    that the above order was adopted pn the~2O
    day of
    1995, by a vote of
    ,
    Clerk
    ‘ution Control Board

    Back to top