On April 15, 1997, the Agency approved the permit application with conditions.
2
Watts now asserts that under the doctrine of res judicata, the Board’s determination inPCB 96-107 bars relitigation of groundwater classification in this proceeding.
The Board next addresses the doctrine of collateral estoppel.
The Illinois
Supreme Court ruled in Talarico that even where the threshold elements of the doctrine aresatisfied and an identical common issue is found to exist between a former and current lawsuit,collateral estoppel must not be applied ...
Allowed
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