Illinois v. Celotex Corp.
Citation: 11 ELR 20962
No. Nos. 80-1225, 81-1021, 516 F. Supp. 716/16 ERC 1213/(C.D. Ill., 06/19/1981)
The district court grants in part and denies in part defendants' motion to dismiss the state and the federal governments' lawsuits seeking enforcement of the Clean Air Act and the Illinois state implementation plan (SIP). The Illinois SIP withstood industry challenges in federal court, but, in Illinois state court, regulations 203(g)(1)(B) and 204(c)(1)(A), dealing with particulate matter and sulfur dioxide emissions, respectively, were twice invalidated under the Illinois Administrative Review Act and have yet to be held enforceable under state law. The court rules that the regulations are therefore unenforceable in federal court as part of the Clean Air Act. In addition, the court rules that there is no basis for dismissing claims based on Rule 202(b), governing opacity, since that rule has not been held invalid. Defendant Herbert, an individual corporate officer, must be dismissed as a defendant since individual corporate officers are not amenable to suit under § 304 of the Clean Air Act and the government did not name him as a defendant in its complaint, which was brought under § 113. The court adds that while corporate officers are not included within the definition of "person" under the Illinois Environmental Protection Act and thus Herbert was not properly named within the pendent state claims raised by plaintiffs, federal jurisdiction does exist over four of the pendent state claims.
[A district court decision reaching a contrary result is located at 10 ELR 20279 — Ed.]
Counsel for Plaintiffs
George William Wolff, Attorney General; Douglas P. Karp, Ass't Attorney General
Environmental Control Division
188 W. Randolph St., Suite 2315, Chicago IL 60601
Leslie M. Madden
Land and Natural Resources Division
Department of Justice, Washington DC 20530
Counsel for Defendant
John L. Parker, William C. Latham
John L. Parker & Associates, Ltd.
39 S. La Salle St., Chicago IL 60603
Richard S. Miller, Linda Bradshaw
Celotex Corp., 2226 W. Clarke St., Peoria IL 61607