ILCS » Chapter 415 · Act 5
Illinois Compiled Statutes

415 ILCS 5/41 (2026)

Judicial review

✓ current as of May 2026
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(415 ILCS 5/41) (from Ch. 111 1/2, par. 1041)
    Sec. 41. Judicial review.
    (a) Any party to a Board hearing, any person who filed a complaint on which a hearing was denied, any person who has been denied a variance or permit under this Act, any party adversely affected by a final order or determination of the Board, and any person who participated in the public comment process under subsection (8) of Section 39.5 of this Act may obtain judicial review, by filing a petition for review within 35 days from the date that a copy of the order or other final action sought to be reviewed was served upon the party affected by the order or other final Board action complained of, under the provisions of the Administrative Review Law, as amended and the rules adopted pursuant thereto, except that review shall be afforded directly in the Appellate Court for the District in which the cause of action arose and not in the Circuit Court. For purposes of this subsection (a), the date of service of the Board's final order is the date on which the party received a copy of the order from the Board. Review of any rule or regulation promulgated by the Board shall not be limited by this Section but may also be had as provided in Section 29 of this Act.
    (b) Any final order of the Board under this Act shall be based solely on the evidence in the record of the particular proceeding involved, and any such final order for permit appeals, enforcement actions and variance proceedings, shall be invalid if it is against the manifest weight of the evidence. Notwithstanding this subsection, the Board may include such conditions in granting a variance and may adopt such rules and regulations as the policies of this Act may require. If an objection is made to a variance condition, the board shall reconsider the condition within not more than 75 days from the date of the objection.
    (c) No challenge to the validity of a Board order shall be made in any enforcement proceeding under Title XII of this Act as to any issue that could have been raised in a timely petition for review under this Section.
    (d) If there is no final action by the Board within 120 days on a request for a variance which is subject to subsection (c) of Section 38 or a permit appeal which is subject to paragraph (a) (3) of Section 40 or paragraph (d) of Section 40.2 or Section 40.3, the petitioner shall be entitled to an Appellate Court order under this subsection. If a hearing is required under this Act and was not held by the Board, the Appellate Court shall order the Board to conduct such a hearing, and to make a decision within 90 days from the date of the order. If a hearing was held by the Board, or if a hearing is not required under this Act and was not held by the Board, the Appellate Court shall order the Board to make a decision within 90 days from the date of the order.
    The Appellate Court shall retain jurisdiction during the pendency of any further action conducted by the Board under an order by the Appellate Court. The Appellate Court shall have jurisdiction to review all issues of law and fact presented upon appeal.
    (e) This Section does not apply to orders entered by the Board pursuant to Section 38.5 of this Act. Final orders entered by the Board pursuant to Section 38.5 of this Act are subject to judicial review under subsection (j) of that Section. Interim orders entered by the Board pursuant to Section 38.5 are not subject to judicial review under this Section or Section 38.5.
(Source: P.A. 99-463, eff. 1-1-16; 99-934, eff. 1-27-17; 99-937, eff. 2-24-17; 100-863, eff. 8-14-18.)


 
    (415 ILCS 5/Tit. XII heading)
TITLE XII: PENALTIES

    
Notes of Decisions
Cited in 61 cases (3 in the last 5 years), 1993–2026 · leading case: Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007).
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Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). · cites it 9× “415 ILCS 5/41 (West 2002); 735 ILCS 5/3 — 101 et seq.”
City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995). · cites it 6× “(415 ILCS 5/41(a) (West 1992).) Consequently, judicial review of Agency decisions granting development permits for solid waste disposal sites is precluded and the instant plaintiffs cannot challenge the Agency's decision to grant the balefill development permit.”
ESG Watts, Inc. v. Pollution Control Bd., 727 N.E.2d 1022 (Ill. 2000). · cites it 3× “” 415 ILCS 5/41 (a) (West 1994). Section 41(a) thus incorporates by reference the require-merits of the Administrative Review Law (Review Law) and the rules adopted pursuant thereto.”
Envirite Corp. v. the Illinois Env't Prot. Agency, 632 N.E.2d 1035 (Ill. 1994). · cites it 2× “(415 ILCS 5/41(a) (West 1992).) The appellate court affirmed the Board’s decision in part and reversed in part.”
United States Steel Corp. v. Illinois Pollution Control Bd., 892 N.E.2d 606 (Ill. App. Ct. 2008). · cites it 2× “Steel (hereinafter referred to as the appellants) seek the direct administrative review of the Board’s decision in this court pursuant to section 41 of the Environmental Protection Act (Act) (415 ILCS 5/41 (West 2006)) and Illinois Supreme Court Rule 335 (155 Ill.”
The Bd. of Educ. of Roxana Cmty. Unit Sch. Dist. No. 1 v. The Pollution Control Bd., 2013 IL 115473 (Ill. 2013). · cites it 3× “He believed the Board of Education should have been permitted to prosecute this appeal pursuant to section 41 of the Environmental Protection Act (415 ILCS 5/41 (West 2010)), which permits appeals directly to the appellate court by, inter alios, “any party adversely affected by…”
Panhandle E. Pipe Line Co. v. Env't Prot. Agency, 734 N.E.2d 18 (Ill. App. Ct. 2000). · cites it 2× “JUSTICE McCULLOUGH delivered the opinion of the court: Pursuant to section 41(a) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/41(a) (West 1998)), section 3 — 113(a) of the Administrative Review Law (735 ILCS 5/3 — 113(a) (West 1998)), and Supreme Court Rule 335…”
Worthen v. Vill. of Roxana, 253 Ill. App. 3d 378 (Ill. App. Ct. 1993). · cites it 2× “1041(a) (now 415 ILCS 5/ 41(a) (West 1992))). The issues which we consider in this appeal are: (1) whether this court lacks jurisdiction because the petitioners failed to name the PCB as a party in its original petition for review to this court; (2) whether petitioners have…”
Vogue Tyre & Rubber Co. v. Off. of the State Fire Marshal, 820 N.E.2d 15 (Ill. App. Ct. 2004). · cites it 2× “Section 41(a) provides that any party adversely affected by a final order or determination of the Board “may obtain judicial review, by filing a petition for review ***, under the provisions of the Administrative Review Law, as amended[,] and the rules adopted pursuant thereto.”
Rochelle Disposal Serv., Inc. v. Pollution Control Bd., 639 N.E.2d 988 (Ill. App. Ct. 1994). · cites it 2× “The petitioner appeals pursuant to section 41(a) of the Act (415 ILCS 5/41(a) (West 1992)), which provides for direct appeal of Board decisions to the appellate court.”
The Bd. of Educ. of Roxana Cmty. Unit Sch. Dist. No. 1 v. The Pollution Control Bd., 2013 IL 115473 (Ill. 2013). · cites it 3× “Within the time permitted by law, the Board of Education sought administrative review of the Pollution Control Board’s decision in the appellate court pursuant to section 41 of the Illinois Environmental Protection Act (415 ILCS 5/41 (West 2010)). In the interim, the Pollution…”
City of Evanston v. Texaco, Inc., 19 F. Supp. 3d 817 (N.D. Ill. 2014). “The IEPA provides for judicial review of the Board’s decisions in the Appellate Court of Illinois, see 415 ILCS 5/41 (a), which is a court of general appellate jurisdiction, see Buckley v.”
Show all 61 citing cases →
— 415 ILCS 5/41(a) — 40 cases
City of Elgin v. Cnty. of Cook, 660 N.E.2d 875 (Ill. 1995). “(415 ILCS 5/41(a) (West 1992).) Consequently, judicial review of Agency decisions granting development permits for solid waste disposal sites is precluded and the instant plaintiffs cannot challenge the Agency's decision to grant the balefill development permit.”
Envirite Corp. v. the Illinois Env't Prot. Agency, 632 N.E.2d 1035 (Ill. 1994). “(415 ILCS 5/41(a) (West 1992).) The appellate court affirmed the Board’s decision in part and reversed in part.”
ESG Watts, Inc. v. Pollution Control Bd., 727 N.E.2d 1022 (Ill. 2000). “” 415 ILCS 5/41 (a) (West 1994). Section 41(a) thus incorporates by reference the require-merits of the Administrative Review Law (Review Law) and the rules adopted pursuant thereto.”
Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). “415 ILCS 5/41 (West 2002); 735 ILCS 5/3 — 101 et seq.”
Panhandle E. Pipe Line Co. v. Env't Prot. Agency, 734 N.E.2d 18 (Ill. App. Ct. 2000). “JUSTICE McCULLOUGH delivered the opinion of the court: Pursuant to section 41(a) of the Illinois Environmental Protection Act (Act) (415 ILCS 5/41(a) (West 1998)), section 3 — 113(a) of the Administrative Review Law (735 ILCS 5/3 — 113(a) (West 1998)), and Supreme Court Rule 335…”
— 415 ILCS 5/41(b) — 13 cases
Town & Country Utils., Inc. v. Illinois Pollution Control Bd., 866 N.E.2d 227 (Ill. 2007). “415 ILCS 5/41 (West 2002); 735 ILCS 5/3 — 101 et seq.”
Fox Moraine, LLC v. United City of Yorkville, 2011 IL App (2d) 100017 (Ill. App. Ct. 2011).
Illinois Env't Prot. Agency v. Illinois Pollution Control Bd., 896 N.E.2d 479 (Ill. App. Ct. 2008).
Rochelle Disposal Serv., Inc. v. Pollution Control Bd., 639 N.E.2d 988 (Ill. App. Ct. 1994). “The petitioner appeals pursuant to section 41(a) of the Act (415 ILCS 5/41(a) (West 1992)), which provides for direct appeal of Board decisions to the appellate court.”
Illinois Env't Prot. Agency v. Jersey Sanitation Corp., 336 Ill. App. 3d 582 (Ill. App. Ct. 2003).
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