ILLINOIS POLLUTION CONTROL BOARD

July

12,

1971

FARMERS OPPOSED TO EXTENSION

OF THE ILLINOIS TOLLWAY et a?,

v.

)

#

71—159

ILLINOIS STATE TOLL HIGHWAY

AUTHORITY et a?,

Opinion and Order

of the Baa~d (by Mr.

Currie):

This complex citizen complaint seeks to interdict the construction

of

an extension of the Illinois Toliway westward from Aurora

to the

Mississippi River on

an assortment of grounds.

Many of the issues

raised are novel

and difficult, involving the interpretation of virgin

sections of the Environmental Protecfion Act.

Under section

31

(b)

of that statute we mast determine, before authorizing

a hearing,

whether or not the complaint is

~duplicitous

or frivolous.~

We have

dealt with these terms before,

in League of Women Voters

v.

North

Shore Sanitary District,

#70—7

(Oct.

8,

1970).

We sho~.1dlike enlightenment from the parties

as to whether the

complaint passes muster under these standards,

The North Shore case

gives guidelines a~to the meaning of “dup1icitous.~

The

~frivolous”

provision is design~dto avoid expensive and time-consuming hearings

o~claims that cannot prevail even if the facts alleged are true.

We shall expect the

filing of

a response within twenty days.

Both parties are invited to submit briefs, within twenty days

after

the

response is filed, directed to the issues of duplicitous-

hess

and frivolousness.

It is so ordered.

I, Regina E.

Ryan, Clerk of the Pollution Control Board certify

that the Board adopted the above opinion

July

,

1971.

2— 119