ILLINOIS POLLUTION CONTROL BOARD

September 8,

1988

JEFFERSON SMURFIT CORPORATION,

Petitioner,

v.

)

PCB 87—84

ILLINOIS ENVIRONMENTAL

)

PROTECTION AGENCY,

Respondent.

ORDER OF THE BOARD

(by

B. Forcade):

On August

19,

1988, the Illinois Environmental Protection

Agency (“Agency”)

filed

a motion to dismiss. On August 24, 1988,

Jefferson Smurfit Corporation (“Smurfit”)

filed

a response.

The Board Orders that the parties simultaneously brief the

following issues

in this matter:

1.

Whether

the

proceeding

Alton

Packaging

Corporation

v.

IEPA,

PCB

85—146,

currently

pending

in

the

United

States

Supreme Court,

has

sufficient

nexus with

the

instant

proceeding

to

remove

the

Board’s jurisdiction to act here?; and

2.

If

the

Board

does

have

jurisdiction

to

act,

whether

the

theory

articulated

in

Caterpillar

Tractor

Co.

v.

IEPA,

PCB

79—

180,

July

14,

1983

citing

Album,

Inc.

v. IEPA,

PCB 81—23

requires the Board

to

dismiss

the

permit

appeal

filed

in

PCB

88—112?

The Board would anticipate that any facts necessary to

argument on the above issues would be supported by affidavit or

other indication of accuracy.

The initial brief by the Agency and Smurfit shall

be filed

not later

than September 30,1988.

Any reply shall be filed not

later

than October

17,1988.

Today’s Order

is not intended

to

impair the obligations for expeditious hearing in any way.

IT IS SO ORDERED

92—45

---

I, Dorothy M. Gunn,

Clerk

of the Illinois Pollution Control

Board, hereby certify

t

Order was adopted on

the J~day

of

____________________,

1988, by a vote

of

7-0

~~t~nn,Cle

~

rk

Illinois P~ution Control Board

92—46