The information presented herein is not intended to serve as legal advice.  Please consult a licensed Illinois attorney if you wish to obtain legal advice.

Statutory Law

-The Illinois Constitution

The Illinois Constitution is unique in that it has an entire article dedicated to the environment.  It states “the public policy of the State and the duty of each person is to provide and maintain a healthful environment for the benefit of this and future generations.”   IL. Const. art. 11 § 1 (amended 1972).  It also provides that “each person has the right to a healthful environment” and that “[e]ach person may enforce this right against any party, governmental or private, through appropriate legal proceedings subject to reasonable limitation and regulation as the General Assembly may provide by law.”  Id., at § 2.  

Case Law

-City of Elgin v. County of Cook, 660 N.E.2d 875, 169 Ill. 2d 53, 214 Ill Dec.168 (1995)

In this case the Illinois Supreme Court considered the Constitutional provision granting private citizens the ability to enforce their individual rights to a healthful environment against any party, governmental or private.  It was found that this provision does not create an independent cause of action.  Rather, it does away with the “special injury” requirement that is typically employed in environmental nuisance cases.  (In general, to fulfill the “special injury” requirement a claimant must show that the alleged polluter has harmed him in a way that is different from or greater than the harm to the general public.)  While the Court recognized that the Illinois Constitution abolishes the “special injury” requirement, it was held that plaintiffs must still show that they have a “cognizable cause of action” to have standing.  This means that an actionable environmental injury must exist. In the instant case, allegations amounting to "fear that...nearby wildlife habitats will be damaged "were not considered actionable.  

Research and Supplementary Information

Guidance Documents

Action Initiatives