ILLINOIS POLLUTION CONTROL BOARD

February 19, 1987

IN THE MATTER OF:

)

PUBLIC AIRPORT NOISE

)

R77—4

REGULATIONS,

35 ILL. ADM. CODE 904

)

INTERIM ORDER OF THE BOARD

(by

J. Marlin):

By its Resolution of January 26, 1987,

the Board noted that

a decision of the Illinois Appellate Court for the Second

District in Bryski

v. City of Chicago, No. 85—0140, October 15,

1986,

could affect the Board’s prior legal analysis concerning

the Board’s authority

to regulate airport noise.

The Board noted

that

a petition for leave

to appeal that case was pending before

the Supreme Court, and requested that the Attorney General

“intervene” as a

“friend of the court” on the Board’s behalf.

The Attorney General filed appropriate pleadings with the

Supreme Court on February

4,

and two days later the Court denied

leave to appeal.

Bryski

v. City of Chicago, No. 64397, February

6, 1987.

The Board will

resume deliberations

in this docket.

By Order of January 22,

1987, the Board accepted P.C.

176,

which was the Attorney General’s analysis and briefing of the

Bryski decision.

The Board did not establish a reply schedule at

that time, as further proceedings

in Bryski could have obviated

the need for further briefing by participants

in this docket.

Now, however,

it

is appropriate

to extend to all participants

the

right to reply to the Attorney General’s P.C.

176 and

to

otherwise address any issues raised by Bryski.

Briefs and

comments from all participants concerning these issues will be

accepted

if filed on or before March 23.

The Attorney General

may file any responsive comments on or before April

13.

The

Board requests strict adherence

to this schedule.

IT IS SO ORDERED.

J.

T. Meyer voted “present”.

76-83

---

—2—

I, Dorothy M. Gunn,

Clerk of the Illinois Pollution Control

Board, hereby certify that ~he above Interim Order was adopted on

the

/?“~

day of _________________________, 1987 by a vote

of _______________________.

Illino

Pollution Control Board