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Depue, Illinois, Village of v. Exxon Mobil Corp.

ELR Citation: 38 ELR 20209
Nos. No. 07-2311, (7th Cir., 08/11/2008) Aff'd

The Seventh Circuit affirmed a lower court decision dismissing a town's claims against an oil company for violating a local nuisance ordinance directing the company to clean up a Superfund site within 10 days or face daily fines of up to $750 until the nuisance is abated. The town's claims are preempted by the Illinois Environmental Protection Act. The state and company entered a consent order requiring the company to clean up the site under the Illinois Act. If the town were permitted to apply its nuisance ordinance to force the company to complete immediately the cleanup of the site, on penalty of $750 per day for noncompliance, then it could prevent compliance with the measured cleanup process adopted by Illinois through the consent order under the authority of Illinois law. Such a result would frustrate the purpose of the Illinois Act, which permits the Illinois Attorney General to enter consent orders precisely like this one for the purpose of removing and remediating environmental hazards.

[A prior decision in this litigation can be found at 37 ELR 20120.]