Midwest Generation, LLC v. Illinois Pollution Control Board

The appellate court consolidated and considered three separate petitions for administrative review challenging rules adopted by the Pollution Control Board establishing requirements for the construction, design, operation, and closure of coal ash surface impoundments. Petitioners argued that the Board acted arbitrarily or capriciously or exceeded its authority in adopting the rules. The appellate court affirmed, finding that the Board acted within its authority and was not arbitrary or capricious when it adopted of the first set of statewide standards regulating the storage and disposal of coal ash in surface impoundments. (HARRIS and DeARMOND, concurring)