November 14, 1972ENVIRONMENTAL PROTECTION AGENCYv.
) * 72—155
ILLINOIS CENTRAL RAILROADPreliminary Opinion & Order of the Board on Motion to Dismiss(by Mr.
The issue
in the contempt proceeding, however, was whether or notties had been burned “knowingly, intentionally and willfully.”An adverse finding on that charge does not mean the railroadi~not responsible for open burning as is charged in thepresent complaint, since the statute does not require knowing,intentional, or willful burning.
The Railroad urges a broader doctrine of res judicata
or election of remedies that it says precludes the State fromlitigating before us iss...
Allowed
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