Illinois Appellate Court
Civil Court
Summary Judgment
(Court opinion corrected 10/9/14.) Court order dismissing, per Section 2-619(a)(3) of Code of Civil Procedure, EPA enforcement action was not a final judgment on the merits, but was based on identity of facts and issues in the two cases in accordance with judicial economy goals of Section 2-619(a)(3). Dismissal suspends proceedings and allows Plaintiff to renew claim at another time and/or in a different forum, to avoid duplicative litigation. Court properly denied Plaintiff's request for summary judgment on Counts I and II, as its claim that it did not violate its permit or regulations by transporting hazardous waste is unsupported by evidence or law, and Plaintiff violated regulation when it labeled itself as generator of waste. (WELCH and CATES, concurring.)