Ill. State Chamber of Com. v. P.C.B

In this court's previous decision in this matter, the Pollution Control Board was directed to reconsider its issuance of certain rules in light of then recent legislative and administrative developments. (Commonwealth Edison Co. v. Pollution Control Board (1976), 62 Ill.2d 494.) Following that decision, on July 7, 1977, the Board validate[d] the rules, one member dissenting. Various petitions for review were filed in the appellate court pursuant to section 41 of the Environmental Protection Act (Ill. Rev. Stat. 1977, ch. 111 1/2, par. 1041). The three petitions involved in the present appeal were consolidated by the appellate court, and that court then vacated the rules and remanded for further proceedings (67 Ill. App.3d 839). We allowed the Board's petition for leave to appeal. This controversy has its origin in administrative proceedings commenced before the Board in 1971 pursuant to the mandate of the Federal Clean Air Act of 1970 (42 U.S.C. § 1857 et seq. (1970)). That law requires States to develop programs geared to achieving compliance with Federal pollution control guidelines.