Centredale Manor Superfund Site (North Providence, RI) (Board decision, January 15, 2008)

Plain-English summary

Brook Village Associates Limited Partnership and EPA Region 1 jointly notified the Environmental Appeals Board that Brook Village elected to withdraw its petition for review. The notice stated that an effective consent decree between the parties made the petition moot. The Board dismissed Brook Village's petition with prejudice.

Decision snapshot

• Cited authorities: None expressly cited in the released order.
• Outcome: Procedural dismissal. The petition for review was dismissed with prejudice.
• Key point: An effective consent decree made the pending petition moot.

Full text (EPA EAB public release)

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

                                                 )

In re: )
)
Centredale Manor Superfund Site ) CERCLA 106(b) 05-02 (North Providence, RI) )
)
)

                   ORDER DISMISSING PETITION FOR REVIEW

     By submission dated May 10, 2007, Brook Village Associates Limited Partnership

(“Brook Village”) and U.S. Environmental Protection Agency Region 1 jointly notify the Board that Brook Village elects to withdraw its Petition for Review in the above-captioned matter. The Notice states that because a consent decree between the parties is now effective, Brook Village's Petition for Review is moot. Notice at 2. Accordingly, the Board hereby dismisses Brook Village's Petition with prejudice.

     So ordered.

            Dated: January 15, 2008
                                    ENVIRONMENTAL APPEALS BOARD

                                    By: [signature]
                                        Kathie A. Stein
                                        Environmental Appeals Judge


                        CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review, in the matter of Centredale Manor Superfund Site (North Providence, RI), CERCLA 106(b) 05-02, were sent to the following persons in the manner indicated:

By First Class Mail,
Postage Prepaid, Howard J. Castleman
Murtha Cullina, LLP
99 High Street
Boston, MA 02110

By Pouch Mail Eve S. Vaudo
Senior Enforcement Counsel
U.S. EPA Region 1
One Congress Street, Suite 1100 (SES)
Boston, MA 02114

                         [signature]
                         Annette Duncan,
                         Secretary

                         Dated: 1/15/08