The Port Authority of New York and New Jersey, and ECDC Environmental L.C./Laidlaw Environmental Services (Board decision, December 12, 2002)

Plain-English summary

The Port Authority of New York and New Jersey and ECDC Environmental L.C./Laidlaw Environmental Services had a CERCLA section 106(b) petition for reimbursement before the Environmental Appeals Board. The petitioners stated that a consent agreement approved by the Board resolved the matter and that they were withdrawing the petition with prejudice. The Board approved the withdrawal and removed the case from its docket.

Decision snapshot

• Cited authorities: 42 U.S.C. § 9606(b)(2)(A)
• Outcome: The reimbursement petition was withdrawn with prejudice and removed from the Board\x27s docket.
• Key point: A Board-approved consent agreement led the petitioners to withdraw the CERCLA reimbursement petition with prejudice.

Full text (EPA EAB public release)

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

_____
)
In the Matter of: )
)
The Port Authority of New York )
and New Jersey, and ECDC ) CERCLA § 106(b) Petition No.
Environmental L.C./Laidlaw )
96-5
Environmental Services )
)
Petitioners
)
_____)

ORDER

By letter dated December 6, 2002, Petitioners in the above-

captioned matter state that, pursuant to a consent agreement

approved by the Board on October 31, 2002, the petition for

reimbursement is withdrawn with prejudice. The Board hereby

approves the request to withdraw the petition, and the matter

shall now be removed from the Board’s docket.

So ordered.

Date: Dec. 12, 2002
ENVIRONMENTAL APPEALS BOARD

By: /s/
Kathie A. Stein
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order in the Matter of Port Authority of New York and New Jersey and ECDC Environmental L.C./Laidlaw Environmental Services, CERCLA § 106(b) Petition No. 96-5 were sent to the following persons in the manner indicated:

By First Class Mail
Postage Prepaid:

Captain J.M. Collin
Captain, U.S. Coast Guard
District Legal Officer
Seventh Coast Guard District
909 S.E. 1st Ave.
Miami, FL 33131-3050

Martin B. Wasser
Phillips Nizer Krim and Ballon, LLP
666 Fifth Ave.
New York, New York 10103-0084

Hugh H. Welsh
The Port Authority of New York and
New Jersey
Newark Legal Center
One Riverfront Plaza
Seventh Floor
Newark, N.J. 07102

By Interoffice Mail: Earl Salo (2366) Office of General Counsel

Lee R. Tyner (2366)
Office of General Counsel

Stephen Botts (2272A)
Office of Enforcement and
Compliance Assurance

Dated: Dec. 13, 2002
/s/
Annette Duncan
Secretary