U.s Environmental Protection Agency
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A federal judge has sent back to DuPage County court a lawsuit filed by the state against medical device sterilization company Sterigenics over alleged emissions from its plant in suburban Willowbrook, saying the state can press its pollution claims in state court against the company in large part because the state has not accused the company of violating any defined air quality standards.
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Calling the action an attempt to sidestep the courts and the law, Sterigenics has filed suit against the Illinois Environmental Protection Agency, asking a federal judge to remove the order the state agency slapped on late last Friday, effectively shuttering Sterigenics’ Willowbrook plant.
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The Illinois Attorney General's Office and DuPage County State's Attorney have partnered to sue Sterigenics over its alleged emissions of ethylene oxide. However, the state lawsuit has come despite no contention from anyone that Sterigenics violated the terms of its permit, issued by the state. Some worry about the message such a 'bizarre' course of action by the state may send to its businesses, many of whom have similar permits of their own.
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Saying plaintiffs are asking the courts to essentially rewrite federal environmental laws and regulatory rules based on a single report issued by a federal agency relying on faulty data, medical device sterilizer Sterigenics has asked a federal judge to corral a stampede of lawsuits that have hit the courts in recent weeks amid a blizzard of media reports asserting the company’s use of a key sterilizing agent at its facility in suburban Willowbrook could cause cancer.
