right our second case for this morning you know our energy against the illinois environmental protection agency mr go contradicting what the illinois appellate court has already decided about which agency within the state has responsibility for the injection of this ass into the well well we have managed to boil this down to one of litigation and they've devoted a lot of time to this and to be quite honest normally the federal people you know the federal courts federal agencies don't really care which individual state agency has been assigned the responsibility for something could be i e p a could be the illinois department of natural resources or could be a brand new agency like eric b the department of family services you know but it it's not a federal concern and the state courts have adjudicated the question who had the responsibility and that then drives whether you needed certain kinds of permits or really resolves everything and i and we're not in the business of setting aside state court judgments and we appreciate there and without asking the court to do that and in effect you are i don't see how we could give you any relief without utterly negating what the state  position is that four hundred forty one forty seven seven hundred clearly prohibits id in our from doing anything to a class who while it was our state courts listened to that argument from you and they were not  in lieu of supersede in effect it would be under the statutory structure state rules and existing laws are adopted by forty c f r one forty seven and seven hundred of the illinois but each law it has nothing to do with federal law being superceded because forty seven one forty seven seven hundred is the approving regulation there is no analog to have it substituted for it is the approval for the approval cannot be ineffective is what we're arguing and they mention this page thirty nine of the response and i would direct the court with all due respect to part of our our response pages seventy twenty jurisdiction under booker feldman because plaintiffs are actively seeking federal review of their lost and state court proceedings the second is that these claims are also your view that the issues overlap perfectly between the those before the illinois appellate court in the twenty fifteen just and this one yes i believe that they do overlap because everything they know everything they need to know about the regulatory jurisdiction as between the e p a and the department of natural so those issues do overlap perfectly and therefore in addition to record and and this claim all of the claims would be barred under collateral stoffel third the action was also barred by the eleventh amendment as to the agency but you know we submit that there is no ongoing violation they could be remedied because they do say that they would like to ask the guys again and but that is not tied to any ongoing violation and they haven't stated what type of federal e p a works to bring a prosecution in federal court they would apply the illinois state law and so i think that would be looking to how the illinois courts have interpreted that all comes back to the same substantive law  been approved state plan yes that's right there are separate federal regulations that would apply if the state doesn't have a plan and that is what we meant by in effect and so those federal regulations are not effective in illinois because agency determination but there is a circuit split on the question whether broker feltman has any force there there is and we argue that the majority view should apply here because here you can track it all the way through they're making the same arguments before the board and they made the same arguments in the state appellate court and also sufficiency of the evidence argument which was rejected and they're coming here with the same exact argument so they did lose in state courts and i think that even if a federal judge were directed only at the board it would necessarily on wind the state appellate court judgement as well so because it's not a pure agency case there