People ex rel. Ryan v. Agpro, Inc.

Summary

The Illinois Supreme Court held that section 42(e) of the Environmental Protection Act, as then written, authorized only prohibitory injunctions and did not permit a mandatory injunction requiring defendants to clean up contamination they caused. The court rejected the State’s arguments based on related statutory provisions, a subsequent statutory amendment, continuing violations, and policy considerations, and affirmed the appellate court’s judgment.

Holdings

1. Section 42(e) of the Environmental Protection Act, which authorizes an action for an injunction 'to restrain violations,' does not authorize a mandatory injunction ordering a polluter to take affirmative action to clean up contamination after the polluting conduct has occurred.
2. The 2004 amendment adding express authorization for 'prohibitory or mandatory' injunctions was a change in the law, not a retrospective clarification of section 42(e)'s original meaning, and could not control the outcome of this case.

Questions Presented

1. Whether section 42(e) of the Illinois Environmental Protection Act authorized a mandatory injunction requiring defendants to take affirmative action to clean up contamination they caused.
2. Whether a subsequent amendment to section 42(e) could be treated as a retrospective clarification of the statute's original meaning.
3. Whether the concept of a continuing violation or other provisions of the Environmental Protection Act supplied authority for the requested mandatory injunction.

Disposition

affirmed