ILLINOIS POLLUTION CONTROL BOARD
    June 3, 1999
    WEST SUBURBAN RECYCLING AND
    ENERGY CENTER, L.P.,
    Petitioner,
    v.
    ILLINOIS ENVIRONMENTAL
    PROTECTION AGENCY,
    Respondent.
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    PCB 95-119
    PCB 95-125
    (Permit Appeal - Land, Air)
    (Consolidated)
    ORDER OF THE BOARD (by R.C. Flemal):
    On May 14, 1999, the Board received a mandate issued May 13, 1999, by the Illinois
    Appellate Court First District in West Suburban Recycling and Energy Center, L.P. v. Illinois
    Environmental Protection Agency and Illinois Pollution Control Board, 1-96-3923, 1-96-4399
    (consolidated), slip op. (1st Dist. November 16, 1998). The mandate was issued after the
    Illinois Supreme Court denied a petition for leave to appeal on March 31, 1999. The cases
    involved both land and air permits. In its Rule 23 order, the court affirmed the Board’s
    remand of the land permit to the Agency with instructions to issue the permit. The court
    reversed the Agency’s denial of the air permit (which denial the Board had affirmed). The
    court remanded “the matter to the [Board] with instructions to the Agency to issue the air
    permit” (slip op. at 33).
    The Board hereby orders the Agency to issue the air and land permits consistent with
    the appellate court’s mandate issued May 13, 1999.
    IT IS SO ORDERED.
    I, Dorothy M. Gunn, Clerk of the Illinois Pollution Control Board, hereby certify that
    the above order was adopted on the 3rd day of June 1999 by a vote of 7-0.
    Dorothy M. Gunn, Clerk
    Illinois Pollution Control Board

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