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Firm secures appeal of no penalty enforcement action for CSX

March 5, 2009

McGuireWoods recently defended the appeal of an Illinois Pollution Control Board decision refusing to issue a penalty against CSX (one of the nation's leading transportation companies, providing rail-based transportation services) for certain environmental violations. The Illinois Attorney General's Office had appealed the board's decision - made on cross motions for summary judgment - that CSX violated the Illinois Environmental Protection Act with respect to an oil spill in its East St. Louis yard. But because CSX acted promptly to remediate the spill, no penalty was warranted. The 5th District Illinois Appellate Court affirmed the board's decision, rejecting the attorney general's claim that the board improperly failed to provide a requested hearing on the penalty issue. The court held, as CSX argued, that the board correctly ruled there were no issues of material fact with respect to the penalty.