The Sierra Club v. The Office of Mines and Minerals of the Department of Natural Resources

Illinois Appellate Court
Civil Court
Administrative Review
Citation
Case Number: 
2015 IL App (4th) 140405
Decision Date: 
Thursday, March 5, 2015
District: 
4th Dist.
Division/County: 
Sangamon Co.
Holding: 
Affirmed.
Justice: 
TURNER
(Modified upon denial of rehearing 5/15/15.) Department of Natural Resources's Office of Mines and Minerals granted permit for open-pit surface mining adjacent to Starved Rock State Park. Plaintiffs filed petition for administrative review, with claims of due process, certiorari, and mandamus based on Department's actions during permit-application process. Plaintiff organizations lack standing as they were not named parties of record during administrative proceeding. Where county board failed to request a public hearing, Mining Act does not provide for involvement of any other parties during permit-application process. (POPE and STEIGMANN, concurring.)