Wheaton… DuPage County Circuit Judge Fullerton recognized the “well written and informative” Amicus Brief submitted by State Representative Mazzochi, Leader Jim Durkin, and State Senator John Curran, contesting the Illinois Attorney General’s Consent Order that counsel for Sterigenics touted as its pathway to reopening. Mazzochi argued that the Consent Order agreement involving the Illinois Attorney General, the Governor and Sterigenics fails to comply with both the spirit and letter of the Matt Haller Act regulating the use of ethylene oxide statewide. Judge Fullerton issued a favorable ruling for parties challenging this Consent Order today, staying its entry and allowing various municipalities to jump into the fray.    

“I commend Judge Fullerton for putting the brakes on the Consent Order today. Sterigenics has not shown that it can or will ever be able to comply with the law. The Illinois Attorney General needs to do his job and not let the company circumvent the will of the communities it has crushed with its behavior. I am pleased that the Court will not let the Attorney General force through an agreement sprung on the affected communities at the last minute, including the public servants who represent those communities.”  

As Mazzochi explained, “these communities feel betrayed. The Attorney General gave our communities an ultimatum that essentially tells them, ‘This is the deal you’re going to live with’ as ordained by the Governor, the AG, and Sterigenics. That is simply unacceptable.”

She added, “Federal legislators, state legislators, local leaders and the community rightfully objected to the Consent Order, and they’re outraged. Our community has heard a lot of excuses about it, including one from the Governor who opined that we three legislators who represent the surrounding area don’t understand the law we worked tirelessly to write and pass. On September 6, our communities can finally have their day in court, which they should have had all along before the Attorney General decided it to strip that power away from them for a paltry $300,000 penalty and an admonition to sin no more.”  

“We believe our brief helped Judge Fullerton target precisely where the proposed Consent Order is too weak.  As it stands, this Consent Order is not only wrong on the politics, but more importantly wrong on the law.  Sterigenics broke the covenant with the community where they do business. When it comes to the physical, emotional and mental wellbeing of our residents, this company has turned into a community wrecking crew.”  Mazzochi noted that even the Illinois Attorney General seemed to have started to walk back some statements about the Consent Order and the Matt Haller Act.  

“This Consent Order was premature; and deserved to be rejected. Let us do what the Matt Haller Act said to do: get everyone in a court of law, hear the merits of the case, and then hopefully, finally, our community can gain some peace of mind.

Mazzochi, who is an attorney, stated, “I will continue to fight for what is right for the community, under the dome in Springfield, in a courthouse in DuPage, or wherever else this case takes us.”

Judge Fullerton will allow the surrounding municipalities to intervene in the lawsuit, participate in the consent order, and advise if it complies with the Matt Haller Act. The next hearing is scheduled for September 6. Residents interested in this issue should reach out to Mazzochi at mazzochi@ilhousegop.org.   

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