ILLINOIS POLLUTION CONTROL BOARD

February

27,

1973

CITIZENS FOR A BETTER ENVIRONMENT

#73-19

v.

GLENVIEW NAVAL AIR STATION

ORDER OF THE BOARD

(BY SAMUEL T. LAWTON,

JR.):

On February 14,

1973,

we denied Respondent’s Motion to Dismiss

based on the principle of sovereign immunity.

On February 15,

1973,

we received a motion from the United States Attorney on behalf of

Respondent to vacate and reconsider our order, which motion was

premised on the possibility that the Board’s decision had been

rendered without

the benefit of Respondent’s

reply.

Our February 14,

1973 order makes reference to the receipt of the reply, which had

been considered at

the

time of the rendition of

the order and,

accordingly,

the motion to vacate and reconsider

is denied.

On February 16,

1973,

we received a motion by complainant to

amend the complaint by modifying the caption to designate The

United

States

Government,

Thru

its

ownership

and

operation

of

the

Glenview

Naval

Air

Station

and

Captain

R.

C. Merchant, Commanding

Officer,

Glenview Naval Air Station, Glenview, Illinois,

as Respon-

dents and

to amend paragraph

2 on page

1 of the complaint by

deleting reference to I1l,Rev.

Stat., Oh.

111—1/2,

Sec.

1009(a)

and substituting in lieu thereof,

Ch. 111—1/2,

Sec.

1003(n) which

Motion to

Amend

is allowed.

IT

IS SO ORDERED.

I, Christan Moffett, Clerk of the Illinois Pollution Control Board,

certify

that the above Order was adopted on the -~_74~’dayof February,

1973,

by a vote of

~

to

‘

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