January 22, 2009AMEREN ENERGY GENERATINGCOMPANY, AMERENENERGYRESOURCES GENERATING COMPANY,and ELECTRIC ENERGY, INC.,Petitioners,v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,Respondent.
ANALYSIS
To support its finding that “a variance is not appropriate relief for Ameren” (Opinion at 1),the majority relies upon the Illinois Supreme Court’s decision in Monsanto Co.
Id.
at 285-88.
The Board disagreed, ruling that the oneyear
limit applied and that the Board therefore had no authority to issue a variance in excess of oneyear. The Court used the word “permanent” because as proposed byMonsanto, the company would forever be subject only to...
Allowed
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