OF THE STATE OF ILLINOISAMERICAN BOTTOM CONSERVANCY, )) Petitioner, )) Case No.
Adm.
Code § 309.115(a)(1), IEPA did not base its decision to deny the public hearing
requests on considerations of the public interest.
IEPA THEREBY ABUSED ITS DISCRETION.
One indication of an abuse of discretion is where an agency makes “an arbitrary
decision, without using conscientious judgment.” United States Steel Corp.
App. 3d 862, 867 (1981) (emphasis supplied). In
this case, IEPA made no such determination. (IEPA 11) The first, the one-page Frevert memo (addressed in detail inPetitioner’s opening brief on remand), consi...
Allowed
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