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Illinois v. Nagle Station, LLC

ELR Citation: 47 ELR 20123
Nos. 1-16-0534, (Ill. App. Ct. , 09/27/2017)

An Illinois appellate court held that owners of an apartment building tainted by a leaky underground gasoline storage tank should have been allowed to join cleanup litigation brought by the state. The state sued two oil companies for a 2014 spill that contaminated soil and groundwater. The spill created a health risk requiring evacuation of the apartment building. The owners petitioned the court to intervene, claiming their property rights couldn't be protected if intervention was not allowed. The trial court did not allow intervention as the state Environmental Protection Act did not allow private parties to do so. The appellate court disagreed, holding that the trial court abused its discretion when it required the property owners to demonstrate standing under the state Environmental Protection Act before considering the petition to intervene. The cause was remanded for the trial court to consider the factors in the intervention statute.