Village of Wilsonville v. SCA Services, Inc

In Village of Wilsonville v. SCA Services, Inc., 77 Ill. App. 3d 618, 396 N.E.2d 552, 33 Ill. Dec. 163 (1979) a municipality and a county sued to enjoin the operation of a newly operational landfill for hazardous waste. The plaintiffs argued that the landfill was a public nuisance because there was a risk that toxic or flammable substances would seep from the landfill. The IEPA had issued the defendant an initial permit to operate the landfill, and afterward the defendant applied for and received from the IEPA a permit for each waste the defendant proposed to deposit at the landfill. The trial court entered a permanent injunction against continued operation of the landfill. Wilsonville, 77 Ill. App. 3d at 621-23. The defendant appealed, and the court permitted the USEPA to file an amicus curiae brief in which it defended the public need for the landfill. The defendant argued to the court "that the trial court either lacked jurisdiction to hear the case or, in the alternative, should have deferred to the concurrent jurisdiction of the administrative agencies, IEPA and the Pollution Control Board." Wilsonville, 77 Ill. App. 3d at 623. The court rejected both positions while acknowledging "the lack of expertise in courts to fully understand the complicated technical matters involved in a case of this nature." Wilsonville, 77 Ill. App. 3d at 625. The court found that Illinois law "clearly indicates a policynot to leave the enforcement of environmental matters exclusively in the hands of administrative agencies but to have a dual system of enforcement and civil relief." Wilsonville, 77 Ill. App. 3d at 625.