May 15, 2014AMERENENERGY RESOURCESGENERATING COMPANY,Petitioner,v.
ILLINOIS ENVIRONMENTAL
PROTECTION AGENCY,Respondent.
See 415 ILCS 5/3.135(b) and 40 (2012); 35 Ill.
Mot.
at 3.
According to AERG, the Board’s order created a new
category of “permissive” materials to be included in the record, i.e., those the Agency“reasonably should have relied upon.” Id. at 5. AERG further contends those cases recognized only thepermit applicant’s right to request that the record be supplemented with materials the Agencyomitted; they do not support allowing the Agency, after failing to make a timely decision, toclaim it relied or should have relied ...
Allowed
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