ILCS » Chapter 225 · Act 720
Illinois Compiled Statutes

225 ILCS 720/8.05 (2026)

Civil Actions

✓ current as of May 2026
Find cases: SyfertCases citing this section IL-ILGAilga.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar
(225 ILCS 720/8.05) (from Ch. 96 1/2, par. 7908.05)
    Sec. 8.05. Civil Actions.
    (a) Any person having an interest which is or may be adversely affected may commence a civil action on his own behalf to compel compliance with this Act against any governmental instrumentality or agency which is alleged to be in violation of the provisions of this Act or of any rule, order or permit issued under this Act, or against any other person who is alleged to be in violation of this Act or of any rule, order or permit issued under this Act. No action may be commenced under this subsection (1) prior to 60 days after the plaintiff has given notice in writing of the alleged violation to the Department and to any alleged violator, or (2) if the State has commenced and is diligently prosecuting a civil action to require compliance with the provisions of this Act, or any rule, order or permit issued under this Act.
    (b) Any person having an interest which is or may be adversely affected may commence a civil action against the Department on his own behalf to compel compliance with this Act where there is alleged a failure of the Department to perform any act or duty under this Act which is not discretionary with the Department. No action may be commenced under this subsection prior to 60 days after the plaintiff has given notice in writing of such action to the Department, except that such action may be brought immediately after such notification in the case where the violation or order complained of constitutes an imminent threat to the health or safety of the plaintiff or would immediately affect a legal interest of the plaintiff.
    (c) The court, in issuing any final order in any action brought under this Section, may award costs of litigation (including attorney and expert witness fees) to any party, on the basis of the importance of the proceeding and the participation of the parties to the efficient and effective enforcement of this Act. The court may, if a temporary restraining order or preliminary injunction is sought, require the filing of a bond or equivalent security in accordance with Part 1 of Article XI of the Code of Civil Procedure.
    (d) Any person who is injured in his person or property through the violation by any operator of any rule, order, or permit issued pursuant to this Act may bring an action for damages (including reasonable attorney and expert witness fees). Nothing in this subsection shall affect any of the rights established by or limits imposed under the Workers' Compensation Act.
    (e) Any action brought under this Section may be brought only in the county in which the mining operation complained of is located.
    (f) In any action under this Section, the Department shall have an unconditional right to intervene.
    (g) No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by this Act.
    (h) Nothing in this Section shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any of the provisions of this Act and the rules adopted under this Act, or to seek any other relief (and including relief against the United States or the Department).
(Source: P.A. 82-783.)

    
Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2010–2023 · leading case: Citizens Opposing Pollution v. Exxonmobil Coal U.S.A., 2012 IL 111286 (Ill. 2012).
Sort: Relevance Newest Treatment
Citizens Opposing Pollution v. Exxonmobil Coal U.S.A., 2012 IL 111286 (Ill. 2012). · cites it 2× “05(a) of the Surface Coal Mining Land Conservation and Reclamation Act (Mining Act) (225 ILCS 720/8.05(a) (West 2008)) to challenge site conditions at a coal mine reclaimed in accordance with permits previously approved by the Illinois Department of Natural Resources (IDNR).”
Helping Others Maintain Env't Standards v. Bos, 941 N.E.2d 347 (Ill. App. Ct. 2010). “05 of the Surface Coal Mining Land Conservation and Reclamation Act (225 ILCS 720/ 8.05 (West 2008)), also at issue in the case, specifically allowed for such enforcement actions.”
Maui Lani Neighbors v. State, 542 P.3d 1222 (Haw. App. 2023). “" 225 ILCS 720/8.05(a) (West 2008). 962 N.E.”
Citizens Opposing Pollution v. Exxonmobil Coal U.S.A., 936 N.E.2d 181 (Ill. App. Ct. 2010). · cites it 3× “” 225 ILCS 720/8.05 (West 2008). Here, plaintiff filed a civil action for enforcement under the above statute and prayed for injunctive relief.”
Citizens Opposing Pollution v. ExxonMobil Coal U.S.A. (Ill. App. Ct. 2010). “10 [of the Act (225 ILCS 720/8.05(d), 8.10 (West 2008))] means that permit challenges must be handled through the [a]dministrative [r]eview process.”
Helping Others Maintain Env't Standards v. A.J. Bos (Ill. App. Ct. 2010). “05 of the Surface Coal Mining Land Conservation and Reclamation Act (225 ILCS 720/8.05 (West 2008)), also at issue in the case, specifically allowed for such enforcement actions.”
— 225 ILCS 720/8.05(a) — 3 cases
Citizens Opposing Pollution v. Exxonmobil Coal U.S.A., 2012 IL 111286 (Ill. 2012). “05(a) of the Surface Coal Mining Land Conservation and Reclamation Act (Mining Act) (225 ILCS 720/8.05(a) (West 2008)) to challenge site conditions at a coal mine reclaimed in accordance with permits previously approved by the Illinois Department of Natural Resources (IDNR).”
Maui Lani Neighbors v. State, 542 P.3d 1222 (Haw. App. 2023). “" 225 ILCS 720/8.05(a) (West 2008). 962 N.E.”
Citizens Opposing Pollution v. Exxonmobil Coal U.S.A., 936 N.E.2d 181 (Ill. App. Ct. 2010). “” 225 ILCS 720/8.05 (West 2008). Here, plaintiff filed a civil action for enforcement under the above statute and prayed for injunctive relief.”
— 225 ILCS 720/8.05(d) — 2 cases
Citizens Opposing Pollution v. Exxonmobil Coal U.S.A., 936 N.E.2d 181 (Ill. App. Ct. 2010). “” 225 ILCS 720/8.05 (West 2008). Here, plaintiff filed a civil action for enforcement under the above statute and prayed for injunctive relief.”
Citizens Opposing Pollution v. ExxonMobil Coal U.S.A. (Ill. App. Ct. 2010). “10 [of the Act (225 ILCS 720/8.05(d), 8.10 (West 2008))] means that permit challenges must be handled through the [a]dministrative [r]eview process.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.