BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
)
ex rel.
LISA MADIGAN, Attorney General
)
of the State of Illinois
)
) PCB 2008-007
Complainant,
)
)
vs.
)
VIA ELECTRONIC FILING
)
UNION PACIFIC RAILROAD COMPANY,
)
a Delaware corporation,
)
)
Respondent.
)
NOTICE OF FILING
John Therriault
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
Zemeheret Bereket-Ab
Assistant Attorney General
Environmental Bureau North
69 West Washington Street, Suite 1800
Chicago, IL 60602
Bradley P. Halloran
Hearing Officer
James R. Thompson Center
100 West Randolph Street, Suite 11-500
Chicago, IL 60601
W. Lee Hammond
Union Pacific Railroad Company
1400 Douglas Street, Stop 1080
Omaha, NE 68179
Please take notice that today, November 6, 2009, I have filed with the Office of the Clerk
of the Illinois Pollution Control Board by electronic filing Union Pacific Railroad Company’s
Motion for Leave to File a Reply in Support of Motion for Reconsideration, along with Notice of
Filing and Certificate of Service, a copy of which is attached hereto and served upon you.
Respectfully submitted,
S
ONNENSCHEIN NATH & ROSENTHAL LLP
By: /s/ Thomas A. Andreoli
Attorneys for Respondent
Union Pacific Railroad Company
Thomas A. Andreoli
SONNENSCHEIN NATH & ROSENTHAL LLP
233 South Wacker Drive
Chicago, Illinois 60606
312.876.8000
tandreoli@sonnenschein.com
Electronic Filing - Received, Clerk's Office, November 6, 2009
CERTIFICATE OF SERVICE
I, Thomas A. Andreoli, an attorney, hereby certify that I caused a copy of Union Pacific
Railroad Company’s Motion for Leave to File a Reply in Support of Motion for Reconsideration,
along with Notice of Filing and Certificate of Service, to be served upon the service list on
November 6, 2009, by regular mail.
/s/ Thomas A. Andreoli
Thomas A. Andreoli
Electronic Filing - Received, Clerk's Office, November 6, 2009
BEFORE THE POLLUTION CONTROL BOARD
OF THE STATE OF ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
)
ex rel.
LISA MADIGAN, Attorney General
)
of the State of Illinois
)
) PCB 2008-007
Complainant,
)
)
vs.
)
VIA ELECTRONIC FILING
)
UNION PACIFIC RAILROAD COMPANY,
)
a Delaware corporation,
)
)
Respondent.
)
MOTION FOR LEAVE TO FILE A REPLY
IN SUPPORT OF MOTION FOR RECONSIDERATION
Union Pacific Railroad Company (“Union Pacific”) hereby respectfully moves the
Illinois Pollution Control Board (the “Board”), pursuant to 35 Ill. Admin. Code § 101.500(e), for
leave to file a Reply in support of its Motion for Reconsideration of the Board’s August 20, 2009
Order (“Order”), which denied Union Pacific’s Motion to Sever to the State’s claims and to
require the State to re-file separate actions for each of the two unrelated alleged releases
addressed in the Complaint. A Reply is necessary to prevent material prejudice to Union Pacific,
because the Response filed by the State to the Motion for Reconsideration (1) contains inaccurate
statements relating to the new evidence now before the Board; (2) misstates the Complaint’s
allegations and the facts as they are known related to the alleged November 2005 release at the
Proviso Yard and the alleged February 2006 release at the Global II intermodal facility; and
(3) again fails to provide a proper foundation for the hearsay document offered in opposition to
the Motion to Sever. The State’s Response also contains highly prejudicial language and
argument that is simply inappropriate in connection with the Motion for Reconsideration or in
Electronic Filing - Received, Clerk's Office, November 6, 2009
- 2 -
any other context before the Board. Union Pacific also has filed its proposed Reply in Support of
its Motion for Reconsideration, which is incorporated by reference herein.
WHEREFORE, Union Pacific Railroad Company respectfully requests that the Illinois
Pollution Control Board grant its Motion for Leave to File a Reply in Support of Its Motion for
Reconsideration.
Dated: November 6, 2009
Respectfully submitted,
SONNENSCHEIN NATH & ROSENTHAL LLP
By: /s/ Thomas A. Andreoli
Attorneys for Respondent
Union Pacific Railroad Company
Thomas A. Andreoli
Sonnenschein Nath & Rosenthal LLP
233 South Wacker Drive
Chicago, Illinois 60606
312.876.8000
tandreoli@sonnenschein.com
Electronic Filing - Received, Clerk's Office, November 6, 2009