- ILLINOIS POLLUTION CONTROL BOARD
May 15, 2014
AMERENENERGY RESOURCES
GENERATING 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 the
permit applicant’s right to request that the record be supplemented with materials the Agency
omitted; they do not support allowing the Agency, after failing to make a timely decision, to
claim it relied or should have relied ...
PCB 14-041 Order 051514 
