Environmental groups are not judicially estopped from alleging in Clean Water Act citizen suit in federal district court that water reclamation district discharged phosphorous effluent in violation of Illinois water quality standards incorporated into special condition of 2002 national pollutant discharge elimination system permits, because: (1) under doctrine of judicial estoppel courts have discretion to bar party who successfully litigates one position from later arguing opposite position in another proceeding; (2) even though groups litigated adequacy of same special condition incorporated into 2013 permits in Illinois court proceeding, groups did not argue that standards are unenforceable; (3) groups' position in federal district court that standards are enforceable against district is not clearly inconsistent with position espoused in Illinois proceeding; (4) groups did not prevail on unenforceability allegation that they did not argue in Illinois proceeding; and (5) district court determined barring groups' claims would be inequitable.
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