BP America Production Company, Florida River Compression Facility (Board decision, March 15, 2012)

Plain-English summary

WildEarth Guardians petitioned the Environmental Appeals Board to review BP America Production Company's Florida River Compression Facility permit in CAA Appeal No. 10-04. WildEarth moved to dismiss with prejudice after the parties entered into a settlement agreement effective February 6, 2012. The order states that the settlement resolved the matter. The Board dismissed the petition for review with prejudice.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The Board dismissed WildEarth Guardians' petition for review with prejudice after a settlement agreement resolved the matter.
• Key point: A settlement resolving a permit appeal can support dismissal with prejudice.

Full text (EPA EAB public release)

BEFORE THE ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

                                          )

In re: )
)
BP America Production Company, ) CAA Appeal No. 10-04 Florida River Compression Facility )
)
Permit No. V-SU-0022-5.00 )
-------------------------)
ORDER DISMISSING PETITION FOR REVIEW

     On February 20, 2012, the petitioner in the above-captioned matter, WildEarth Guardians,

moved for dismissal with prejudice of its petition for review filed with the Environmental Appeals Board. Motion for Dismissal (Feb. 20, 2012) (“Motion”). WildEarth Guardians states that the parties have entered into a settlement agreement, effective February 6, 2012, that resolves the matter. Id.

     Under these circumstances, the above-captioned petition for review is hereby dismissed

with prejudice.

     So ordered.

                                                 ENVIRONMENTAL APPEALS BOARD

Dated: March 15, 2012 By: [signature]
Kathie A. Stein
Environmental Appeals Judge

CERTIFICATE OF SERVICE

   I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the

matter of BP America Production Company, Florida River Compression Facility, CAA Appeal No. 10-04, were sent to the following persons in the manner indicated:

By U.S. First Class Mail & Facsimile:
Samantha Ruscavage-Barz Roger R. Martella Jr. WildEarth Guardians James R. Wedeking 312 Montezuma Avenue Sidley Austin, LLP Santa Fe, NM 87501 1501 K St., NW facsimile: (505) 989-8623 Washington, DC 20005
facsimile: (202) 736-8711

Charles L. Kaiser Byron F. Taylor John R. Jacus Sidley Austin, LLP Charles A. Breer One South Dearborn Davis Graham & Stubbs LLP Chicago, IL 60603 1550 Seventeenth St., Suite 500 facsimile: (312) 853-7036 Denver, CO 80202 facsimile: (303) 893-1379

By U.S. First Class Mail Only:
Jeffrey Conrad
BP America Inc.
501 Westlake Park Blvd.
Houston, TX 77079-2607
telephone: (281) 366-2859

By EPA Pouch Mail & Facsimile: By Inter-Office Mail & Facsimile: Sara L. Laumann Kristi Smith Steve Odendahl Air and Radiation Law Office Office of Regional Counsel, Region 8 Office of General Counsel U.S. Environmental Protection Agency U.S. Environmental Protection Agency 1595 Wynkoop Street 1200 Pennsylvania Ave., N.W. (MC-2344A) Denver, CO 80202-2466 Washington, DC 20460 facsimile: (303) 312-6859 facsimile: (202) 566-0070

     Date: March 15, 2012

                                               Annette Duncan
                                               Secretary