ILLINOIS POLLUTION CONTROL BOARD

June

20,

1986

WELLS MANUFACTURING COMPANY,

Petitioner,

v.

)

PCB 86—48

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by J.

D. Dumelle):

This matter comes before the Board upon

a June

6,

1986,

motion

to disqualify

filed on behalf

of Wells Manufacturing

Company

(Wells) and a June

19, 1986,

response to that motion

filed on behalf of

the State’s Attorney’s Office and the Illinois

Environmental Protection Agency

(Agency).

Wells argues that

Richard M. Daley,

Glenn Sechen and Susan Schroeder,

representing

the Agency and the State’s Attorney’s Office,

should be

disqualified under

the reasoning of People ex

rel.

Scott

v.

Briceland,

65

Ill.

2d

485, 359 N.E.2d 149,

3

Ill Dec.

739

(1979).

The

Board

disagrees.

Briceland

stands

for

the

proposition

that

the

Agency

may

not

exclude

the

Attorney

General

and

hire

its

own attorney to represent it without the approval

of

the Attorney

General.

According

to the affidavit

of Del Haschemeyer which

accompanies

the response, both

the Agency and the State’s

Attorney’s Office have been authorized by the Attorney General

to

act as co—counsel

in

this matter.

That being the case,

Briceland

does not act to bar their appearance.

Therefore,

the motion

to disqualify

is hereby denied.

IT

IS SO ORDERED.

Board

Members

~.

Nega and

J. Theodore Meyer dissented.

I, Dorothy

M. Gunn, Clerk

of the Illinois Pollution Control

Board, hereby certify that

t

e above Order was adopted on

the

~

day of

____________,

1986 by

a vote

of

.

Dorothy M. G nn, Clerk

Illinois

Pollution

Control

Board