IEPA Violation

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7^th Circuit Court of Appeals

Case Name: EOR Energy LLC, et al. v. Illinois Environmental Protection Agency, et al.

Case No.: 17-3107

Officials: WOOD, Chief Judge, and FLAUM and HAMILTON, Circuit Judges.

Focus: IEPA Violation

In March 2007 the Illinois Environmental Protection Agency (IEPA) brought charges before the Illinois Pollution Control Board (the Board) against EOR Energy, LLC (EOR) and AET Environmental, Inc. (AET). The IEPA accused EOR and AET of violating the Illinois Environmental Protection Act, 415 ILCS 5/1–5/58, by transporting hazardous‐ waste acid into Illinois, storing that waste, and then injecting it into EOR’s industrial wells in Illinois. EOR challenged its prosecution by arguing that under the environmental law scheme put in place by Illinois, the IEPA and the Board do not have jurisdiction over EOR’s acid dumping. EOR took that argument all the way through the Illinois courts, losing at every turn. The state courts determined that under Illinois law, EOR’s jurisdictional argument is meritless. EOR also has asked this court for the opportunity to cure and refile its complaint. We deny its request. There is no way that EOR could remedy the errors outlined above. Any change in the suit that would remove these flaws would also destroy EOR’s standing and the entire point of its lawsuit. If EOR intends to ignore the state court’s rulings and inject the same kinds of hazardous waste acid into the same kinds of wells, then it will have to account for its actions before the state authorities. If, on the other hand, EOR wants to inject into its wells an entirely different acid that is not hazardous waste under Illinois law, then it will have to take its chances in a future proceeding that is not at this time ripe for any federal‐court action. We AFFIRM the judgment of the district court.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.