June 2, 1988CONTAINER CORPORATION OFAMERICA,Petitioner,v.
) PCB 87—183
ENVIRONMENTAL PROTECTIONAGENCY,Respondent.
That some right of challenge does exist is manifest
in the holding of the Second District:In our view it is manifestly appropriate that aregulation which is asserted to be arbitrary,unreasonable or capricious as applied to a party befirst considered by the Pollution Control Board whenraised in a variance proceeding (see Monsanto v.
Pollution Control Board (1977), 67 Ill.2d 276, 288—
91, 10 Ill.
This provision was
later dropped and as Currie comments:Elimination of the Board remedy for determining theapplica...
Allowed
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