ILLINOIS POLLUTION CONTROL BOARD

September

8,

1988

JEFFERSON SMURFIT CORPORATION,

)

Petitioner,

v.

)

PCB 88—112

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 strike.

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—117

---

I,

Dorothy M.

Gunn,

Clerk of

the Illinois Pollution Control

Board, h~~bycertify that the above Order was adopted

on

the

______

day of ________________________,

1988, by

a vote

Dorothy M. G~i~t,Clerk

Illinois PolYution Control Board

92—118