ILLINOIS POLLUTION CONTROL BOARD
    May 3, 2007
    PEOPLE OF THE STATE OF ILLINOIS,
    Complainant,
    v.
    PEABODY COAL COMPANY, LLC, a
    Delaware corporation,
    Respondent.
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    PCB 99-134
    (Enforcement – Water)
    ORDER OF THE BOARD (by N.J. Melas):
    Today’s order addresses a motion to lift stay, filed April 11, 2007, by the Office of the
    Attorney General, on behalf of the People of the State of Illinois (People). On September 11,
    2003, the People and Peabody Coal Company, LLC (Peabody) jointly moved the Board to stay
    these proceedings through December 1, 2003. In granting the motion, the Board stated that the
    stay “also serves to delay the hearing officer’s ruling on complainant’s fully-briefed June 6, 2003
    motion for protective order concerning a supplemental filing.”
    The People state that the unresolved motion for protective order prevents an agreement
    on outstanding discovery issues. The People request, therefore, that the Board lift the September
    18, 2003 stay so the hearing officer may rule on the People’s motion for protective order. To
    date, Peabody has not responded to the People’s April 11, 2007 motion.
    The Board notes that, per the Board’s September 18, 2003 order, the stay, also having the
    effect of delaying the hearing officer’s ruling on the motion for protective order, dissolved on
    December 1, 2003. Accordingly, the stay no longer exists and Board denies the People’s motion
    as moot.
    Also in the April 11, 2007 motion to lift stay, the People renewed the June 6, 2003
    motion for protective order by requesting that the hearing officer grant the motion. The Board
    finds that at this time nothing bars the hearing officer from ruling on that motion.
    IT IS SO ORDERED.
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    I, John T. Therriault, Assistant Clerk of the Illinois Pollution Control Board, certify that
    the Board adopted the above order on May 3, 2007 by a vote of 4-0.
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    John T. Therriault, Assistant Clerk
    Illinois Pollution Control Board

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