PEOPLE OF THE STATE OF ILLINOIS v.
PEABODY COAL COMPANY, a Delaware
corporation
The Board granted the complainant’s motion to strike in part and denied the motion in part. The Board granted the motion to strike 12 alleged affirmative defenses raised by respondent. Respondent withdrew another of its purported affirmative defenses. The Board denied the complainant’s motion to strike three remaining alleged affirmative defenses raised by respondent.
June 5, 2003PEOPLE OF THE STATE OF ILLINOIS,Complainant,v.
PEABODY COAL COMPANY, a Delaware
corporation,Respondent.
Adm.
Code 101.500(e).
Peabody’s motion is untimely and Peabody has not
sufficiently demonstrated it will suffer material prejudice if the Board does not accept thissurreply.
Comp.).
Peabody filed an answer that included 16 affirmative defenses on December 23, 2002. 2 Mine Site in Gallatin County near Shawneetown. Themine site covers approximately 250 acres and Peabody operated the site as an underground coalmine from 1968 to July 1993. Ans. at 3.The People allege that inorganic chemicals from the coal-related wastes (suc...
Allowed
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