Rice v. Marathon Petroleum Corp.

Summary

The Illinois Supreme Court affirmed the dismissal of the plaintiff’s statutory claims, holding that the Environmental Protection Act’s underground storage tank provisions do not create either an express or an implied private right of action for personal injury. The court applied the Fisher four‑factor test and found the plaintiff not a member of the protected class, the injury not the type the statute was designed to prevent, and that common‑law negligence and governmental enforcement provide an adequate remedy. The court also affirmed its jurisdiction over the appeal. Justice Rochford took no part in the decision.