Advanced Packaging & Products, Inc. (Board decision, March 1, 2007)

Plain-English summary

PJH Brands, identified in the caption as Advanced Packaging & Products, Inc., had a CERCLA section 106(b) petition for reimbursement before the Environmental Appeals Board. Counsel filed a letter withdrawing the petition on February 28, 2007. The Board dismissed the petition in accordance with that withdrawal. The order does not decide the underlying reimbursement issues.

Decision snapshot

• Cited authorities: 42 U.S.C. § 9606(b)(2)(A)
• Outcome: The CERCLA reimbursement petition was withdrawn and dismissed.
• Key point: The Board dismissed the reimbursement proceeding after the petitioner withdrew it.

Full text (EPA EAB public release)

              BEFORE THE ENVIRONMENTAL APPEALS BO                               MAR 1          2007
          UNITED STATES ENVIRONMENTAL PROTECTION
                          WASHINGTON, D.C.                                Clerk, Env~ronmentalAppeals Board
                                                                          INITIALS
                                                 )

In re: 1
Advanced Packaging & Products, Inc. ) CERCLA 5 106(b) Appeal No. 07-01

EPA Docket No. 9-2006-001 1A

                               ORDER DISMISSING
                         PETITION FOR REIMBURSEMENT

     On February 28,2007, counsel for PJH Brands filed a letter withdrawing the petition for

reimbursement in the above-captioned matter. In accordance with PJH Brands' withdrawal, the

petition for reimbursement is hereby DISMISSED.

     So ordered.



                                         ENVIRONMENTAL APPEALS BOARD

Dated: %/I/@ 7 By: Aff- Edward E. Reich
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

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

Reimbursement in the matter of Advanced Packaging and Products, Inc., CERCLA 5 106(b)
Appeal No. 07-01, were sent to the following persons in the manner indicated:

By First Class U.S. Mail:

     G. Van Velsor Wolf Jr., Esq.
     Snell & Wilmer, L.L.P.
     One Arizona Center
     400 East Van Buren Street
     Phoenix, Arizona 85004-2202
     telephone:    (602) 382-6000
     facsimile:    (602) 382-6070

By EPA Pouch Mail:

     Andrew Helmlinger, Esq.
     Office of Regional Counsel
     U.S. Environmental Protection Agency, Region IX
     75 Hawthorne Street
     Mail Code ORC-3
     San Francisco, California 94105
     telephone:     (415) 972-3904
     facsimile:     (415) 947-3571

Dated:
MAR 1 2007