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Northern Ill. Serv. Co. v. EPA

ELR Citation: 38 ELR 20070
Nos. No. 2-07-0213, (Ill. App. Ct., 03/11/2008)

An Illinois appellate court affirmed a lower court decision that an excavation and demolition company violated the Illinois Environmental Protection Act when it disposed of whole trees in a quarry. In a previous case, the court found that leaves are not "of the same nature as garbage or sludge which is generated and discarded by people" because leaves grow and fall from trees naturally. But under the facts presented in this case, the uprooted trees at issue here are "of the same nature as garbage or sludge which is generated and discarded by people." In addition, trees fall within the Litter Control Act's definition of litter as "any discarded, used, or unconsumed substance or waste." The lower court's judgment, therefore, was affirmed.