Pacific Hide & Fur Depot, Inc. and Union Pacific Railroad Co. (Board decision, February 9, 1999)

Plain-English summary

Pacific Hide & Fur Depot, Inc. and Union Pacific Railroad Co. filed CERCLA section 106(b) petitions seeking reimbursement. The petitioners and the United States reached a settlement in a related matter involving response-cost claims, and a federal court in Idaho entered a consent decree memorializing that settlement. The decree required the petitioners to withdraw their reimbursement petitions. The Board granted the motion and dismissed both petitions with prejudice.

Decision snapshot

• Cited authorities: 42 U.S.C. § 9626(b).
• Outcome: The two petitions for reimbursement were dismissed with prejudice.
• Key point: A consent decree resolving related response-cost claims can require withdrawal and dismissal of CERCLA reimbursement petitions.

Full text (EPA EAB public release)

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

______
)
In re: )
)
Pacific Hide & Fur Depot, Inc.) CERCLA 106(b) Petition Nos.
and
) 97-1 & 97-2
Union Pacific Railroad Co. )
)
McCarty’s/Pacific Hide and )
Fur Superfund Site )
______)

ORDER DISMISSING PETITIONS FOR REIMBURSEMENT WITH PREJUDICE

By motion filed February 8, 1999, petitioners Pacific Hide &

Fur Depot, Inc. and Union Pacific Railroad Co. request that their

CERCLA § 106(b) petitions for reimbursement be dismissed with

prejudice. Petitioners and the United States have reached a

settlement in a related matter involving the United States’

claims against petitioners for response costs. A consent decree

memorializing the settlement was recently approved and entered by

the United States District Court for the District of Idaho. A

condition of the consent decree requires petitioners to withdraw

their petitions for reimbursement in this proceeding.

Petitioners’ motion is granted. The petitions for

reimbursement filed by Pacific Hide & Fur Depot, Inc. and Union
 2

Pacific Railroad Co. on February 7, 1997, are hereby dismissed

with prejudice.

So ordered.

ENVIRONMENTAL APPEALS BOARD

By: /s/
Edward E. Reich
Environmental Appeals Judge
Dated: 2/9/99
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petitions for Reimbursement With Prejudice in the Matters of Pacific Hide and Fur Depot, Inc. & Union Pacific Railroad Co., CERCLA 106(b) Petition Nos. 97-1 & 97-2, were sent to the following persons in the manner indicated:

First Class Mail
Beverlee E. Silva
Postage Prepaid
Marten & Brown
(and copy by facsimile): 1191 Second Avenue, Suite 2200 Seattle, Washington 98101
(206) 292-6301 (fax)

James D. Oesterle
Assistant Regional Counsel
U.S. EPA, Region X
1200 Sixth Avenue
ORC-158
Seattle, Washington 98101
(206) 553-0163 (fax)

Dated: 2/9/99
/s/
Annette Duncan
Secretary