Deseret Power Electric Cooperative Bonanza Power Plant (Board decision, March 28, 2016)

Plain-English summary

WildEarth Guardians and the Sierra Club petitioned the Environmental Appeals Board for review of the Title V permit for Deseret Power Electric Cooperative's Bonanza Power Plant. On March 23, 2016, both petitioners moved to dismiss their petitions with prejudice. They stated that the parties had resolved all issues through a Settlement Agreement. The Board dismissed both petitions with prejudice. The order does not describe the agreement's terms or alter the permit.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The CAA 15-01 and CAA 15-02 petitions for review were dismissed with prejudice after settlement.
• Key point: A settlement resolving all issues supported dismissal with prejudice of both permit-review petitions.

Full text (EPA EAB public release)

                                                                              F I L E D
                                                                                  MAR 28 2016
                                                                             Clerk, Environmental Appeals Board
                   ENVIRONMENTAL APPEALS BOARD                              INITIALS [illegible]
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.

In re: )
)
Deseret Power Electric Cooperative ) CAA Appeal Nos. 15-01 & 15-02
Bonanza Power Plant )
)
Permit No. V-UO-000004-00.00 )
)

                      ORDER DISMISSING PETITIONS FOR REVIEW

      On March 23, 2016, petitioners in the above-captioned matter, WildEarth Guardians

(CAA Appeal No. 15-01) and the Sierra Club (CAA Appeal No. 15-02), moved for dismissal

with prejudice of their petitions for review. See [WildEarth Guardians] Motion For Dismissal;

[Sierra Club’s] Motion For Dismissal. In support of these Motions, the petitioners state that the

parties have resolved all issues through a Settlement Agreement.

      Under these circumstances, the above-captioned petitions for review are hereby

dismissed with prejudice.

      So ordered.1



                                                  ENVIRONMENTAL APPEALS BOARD

Dated: 3/28/2016 By: Mary Kay Lynch
Mary Kay Lynch
Environmental Appeals Judge

      1
   The panel deciding this matter is comprised of Environmental Appeals Judges Mary

Kay Lynch and Mary Beth Ward. See 40 C.F.R. § 1.25(e)(1).
 CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Dismissing Petitions for Review in the matter

of Deseret Power Electric Cooperative, Bonanza Power Plant, CAA Appeal Nos. 15-01 and
15-02, were sent to the following persons in the manner indicated:

By First Class Mail:
David C. Bender Jeremy Nichols
McGillivray Westerberg & Bender LLC Climate & Energy Program Director
211 South Patterson St., Suite 320 WildEarth Guardians
Madison, WI 53703 2590 Walnut St.
Denver, CO 80205

David Crabtree
Vice President and General Counsel William L. Wehrum
Deseret Power Electric Cooperative Makram B. Jaber
10714 South Jordan Gateway, Suite 300 Andrew D. Knudsen
South Jordan, UT 84095 Hunton & Williams LLP
2200 Pennsylvania Ave., N.W.
Andrea S. Issod Washington, D.C. 20037
Staff Attorney
Sierra Club Law Program Samantha Ruscavage-Barz
85 Second St., 2nd Floor WildEarth Guardians
San Francisco, CA 94105 516 Alto Street
Santa Fe, NM 87501

By EPA Pouch Mail:
Sara L. Laumann, Assistant Regional Counsel
U.S. EPA, Region 8
1595 Wynkoop St., MC 8RC
Denver, CO 80202

By Interoffice Mail:
Kristi M. Smith
Office of General Counsel
Air and Radiation Law Office
U.S. EPA
1200 Pennsylvania Ave., N.W., MC 2310A
Washington, D.C. 20460

      MAR 28 2016

                                                                  Annette Duncan
                                                                  Secretary