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Docket No. 87158-Agenda 12-January 2000.

ESG WATTS, INC., Appellant, v. THE POLLUTION CONTROL BOARD, Appellee.

Opinion filed Thursday, March 23, 2000.

JUSTICE FREEMAN delivered the opinion of the court:

In this case petitioner ESG Watts, Inc. (Watts), sought review of a decision of the Illinois Pollution Control Board (Board) in the Illinois appellate court. The appellate court dismissed Watts' action because Watts did not name the State of Illinois as a respondent in its petition for review. The question before us is whether it was proper for the appellate court to dismiss the appeal. We find that dismissal was proper, and affirm.

BACKGROUND

In May 1996, the State, through its Attorney General, filed a complaint before the Board captioned "People of the State of Illinois v. ESG Watts, Inc." The State alleged that Watts had violated the Illinois Environmental Protection Act (415 ILCS 5/1 et seq. (West 1994)) by failing to update closure cost estimates or provide adequate cost assurances for a sanitary landfill it had been operating. In February 1998, after conducting a hearing and receiving evidence, the Board found Watts liable and imposed a $256,000 fine.

In March 1998, Watts filed a petition for administrative review of the Board's decision. Watts petitioned directly to the appellate court, as required by the Act. See 415 ILCS 5/41(a) (West 1994). However, the only respondent Watts named in the petition was the Board. The Board moved to dismiss the action, contending that the appellate court lacked jurisdiction because Watts had not named the State as a respondent. The appellate court granted the Board's motion and dismissed the case. No. 4-98-0229 (unpublished order under Supreme Court Rule 23). We granted Watts' petition for leave to appeal. See 177 Ill. 2d R. 315(a).

ANALYSIS

There is no question that Watts failed to name the State as a respondent in its petition for review in the appellate court. The sole issue presented to this court is the effect of Watts' failure to name the State. Accordingly, as the operative facts are undisputed, our standard of review is de novo. Envirite Corp. v. Illinois Environmental Protection Agency, 158 Ill. 2d 210, 214 (1994).

Before addressing the arguments raised by the parties, we begin with a brief overview of the principles pertaining to judicial review of administrative actions. Although the Illinois Constitution grants an appeal as a matter of right from all final judgments of the circuit court (Ill. Const. 1970, art. VI,