Citizens Organizing Project v. Dept. of Natural Resources
Case Date: 12/31/1969
Court: Supreme Court
Docket No: 86878
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Docket No. 86878-Agenda 27-September 1999. CITIZENS ORGANIZING PROJECT, Appellant, v. THE DEPARTMENT OF NATURAL RESOURCES et al., Appellees. Opinion filed January 21, 2000. CHIEF JUSTICE HARRISON delivered the opinion of the court: The issue in this case is whether the Citizens Organizing Project (C.O.P.) is entitled to an award of litigation expenses under section 10-55 of the Illinois Administrative Procedure Act (5 ILCS 100/10-55 (West 1998)) based on its success in having an administrative rule of the Department of Natural Resources invalidated. The circuit court denied C.O.P.'s petition for such expenses and the appellate court affirmed, with one justice dissenting. No. 4-97-0851 (unpublished order under Supreme Court Rule 23). We reverse and remand for further proceedings. C.O.P. is a citizens group organized as an Illinois general not-for-profit corporation. It opposed a decision by the Department of Natural Resources to approve a permit for strip mining in Knox County. The permit procedures were governed by the Surface Coal Mining Land Conservation and Reclamation Act (225 ILCS 720/1.01 et seq. (West 1996)). Pursuant to section 2.11 of that Act (225 ILCS 720/2.11 (West 1996)), C.O.P. requested a hearing on the Department's decision. During the course of the ensuing administrative proceedings, C.O.P. argued that the Department's permit decision should be reviewed under a "preponderance of the evidence" standard rather than under the "clear and convincing" standard then specified by the Department's administrative regulations. See 62 Ill. Adm. Code |