Southern Pacific Transportation Company and The Atchison, Topeka & Santa Fe Railway (Board decision, October 13, 2011)

Plain-English summary

Southern Pacific Transportation Company and The Atchison, Topeka & Santa Fe Railway sought reimbursement for costs incurred while complying with an EPA Region 9 administrative order issued under CERCLA section 106(a). The companies told the Environmental Appeals Board that they were withdrawing their section 106(b) petition with prejudice. The Board dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: 42 U.S.C. §§ 9606(a) and 9606(b)(2)(A).
• Outcome: The petition for reimbursement was withdrawn and dismissed with prejudice.
• Key point: The Board closed the reimbursement petition after the petitioners withdrew it with prejudice.

Full text (EPA EAB public release)

                     BEFORE THE ENVIRONMENTAL APPEALS BOJl.Ku--.....-~~----:::"1
            UNITED STATES ENVIRONMENTAL PROTECTION                          NCYO        I    ~   ~   ~
                                 WASHINGTON, D.C.
                                                                                 OCT 1 3 2011
                                  )

In re: ) Clerk, Enviro~s Board
INITIALS
)
Southern Pacific )
Transportation Company ) CERCLA § 106(b) Petition No. 94-12
)
& )
)
The Atchison, Topeka & )
Santa Fe Railway )
----------------------)
ORDER DISMISSING PETITION FOR REIMBURSEMENT

     By submission filed with the Environmental Appeals Board on October 13,2011, the

petitioners in the above-captioned matter state that they are withdrawing with prejudice their

petition filed pursuant to section 106(b )(2)(A) of the Comprehensive Environmental Response,

Compensation, and Liability Act ("CERCLA"), 42 U.S.c. § 9606(b)(2)(A), seeking

reimbursement of costs incurred in complying with an administrative order issued by U.S. EPA

Region 9 under section 106(a) of CERCLA, 42 U.S.c. § 9606(a). Accordingly, the petition for

reimbursement is hereby DISMISSED WITH PREJUDICE.

     So ordered.

                                                 ENVIRONMENTAL APPEALS BOARD

Dated: fO In /11 By: ~ \t.(,,,,,-
arIes J. Sheehan
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

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

in the matter of Southern Pacific Transportation Company and The Atchison, Topeka & Santa Fe
Railway, CERCLA § 106(b) Petition No. 94-12, were sent to the following persons in the
manner indicated:

By Pouch Mail:

Joshua Wirtschafter
Assistant Regional Counsel
Office of Regional Counsel
U.S. EPA Region 9
75 Hawthorne St.
San Francisco, CA 94105

By Certified Mail:

Marc A. Zeppetello
Barg Coffin Lewis & Trapp
350 California Street, 22nd Floor
San Francisco, CA 94104-1435

Date: OCT 1 3 20n
Annette Duncan
Secretary