Ill. Appeals Court Reverses, Allows Citizen Suit Opposing Slurry Permit

Mt. Vernon, Ill. - An Illinois appellate court has reversed a lower court order dismissing a citizen challenge to a slurry disposal permit, ruling that the state law under which the permit was granted to Exxon allows for a private right of action. Citizens Opposing Pollution v. ExxonMobil Coal U.S.A., et al., No. 5-09-0207 (Ill. App. Ct., 5th Dist.).

The Fifth District Appellate court of Illinois said in its Sept. 24 opinion that plaintiffs are challenging enforcement of permit conditions at "Mine 2," near Albers, Ill., and its 350-acre waste disposal site, rather than the permits themselves, and that ExxonMobil's …