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 StatesSupreme Court, has sufficient nexus withthe instant proceeding to remove theBoard’s jurisdiction to act here?; and2.
If the Board does have jurisdiction to
act, whether the theory articulated inCaterpillar Tractor Co. The Board would anticipate ...
Allowed
Administrator
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