ILLINOIS POLLUTION CONTROL

BOARD

July

19, 1973

ENVIRONMENTAL

PROTECTION AGENCY

#72~323

V.

PEABODY COAL COMPANY

(WILL SCARLET MINE)

ORDER OF THE BOARD (BY SAMUEL T, LAWTON,JR~)

Motion to

dismiss has

leer filed by Respondent, Peabody Coal

Company, alleging that •comments made ty Agency personnel to a new.s~

paper

reporter were false

and defamatory,

and

while not

connected

with the present

action, were

designed

to “rouse public hostility

and to prejudice

the

judgment

of

the Board”

We

have

read the newspaper

article attached to the pleadina

and can assure

Respondent that nothing therein contained in

any

way

will

prejudice the judgment

of this Board, or have any effect

on it whatsoever

so far as the

instant

proceeding

is concerned.

The motion to

dismiss is

denied~

IT IS SO ORDERED,

I, Christan Moffett, Clerk of the Pollution Control

Board, certify

that the amove-captioned

Order was adopted

on th~

day ~

1973, by a vote of

to

_______