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ILLINOIS OFFICIAL REPORTS
Appellate Court

Toyal America, Inc. v. Illinois Pollution Control Board, 2012 IL App (3d) 100585

Appellate Court Caption

TOYAL AMERICA, INC., f/k/a Alcan-Toyo America, Inc., Petitioner, v. ILLINOIS POLLUTION CONTROL BOARD and THE PEOPLE OF THE STATE OF ILLINOIS ex rel. LISA MADIGAN, Attorney General State of Illinois, Respondents.

District & No.

Third District Docket No. 3-10-0585 December 13, 2011 February 3, 2012 February 3, 2012 The civil penalty imposed on petitioner by the Pollution Control Board in the amount of $716,440 for violating regulations promulgated pursuant to the federal Clean Air Act pertaining to emissions of volatile organic material was upheld where the penalty was not arbitrary, capricious or unreasonable and it was supported by section 42(h) of the Environmental Protection Act and was within the range set forth in section 42(a).

Rule 23 Order filed Motion to publish allowed Opinion filed Held
(Note: This syllabus constitutes no part of the opinion of the court but has been prepared by the Reporter of Decisions for the convenience of the reader.)

Decision Under Review Judgment

Petition for review of order of Pollution Control Board, No. 00-211.

Affirmed.

Counsel on Appeal

John Simon (argued) and Roy M. Harsch, both of Drinker, Biddle & Reath, LLP, of Chicago, for petitioner. Lisa Madigan, Attorney General, of Chicago (Christopher M.R. Turner (argued), Assistant Attorney General, of counsel), for respondents.

Panel

JUSTICE McDADE delivered the judgment of the court, with opinion. Justices Carter and Wright concurred in the judgment and opinion.

OPINION

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Illinois Law