Ezel / Agency Decisions / cercla-106b-08-02-commission

Higman Barge Lines, Inc. (Board decision, June 4, 2009)

In re Higman Barge Lines, Inc. (EAB CERCLA 106(b) Appeal No. 08-02): reimbursement petition dismissed with prejudice

Decision type
Board decision
Docket
CERCLA 106b 08-02
Decided
June 4, 2009
Outcome
Procedural
Precedential status
Citable Board precedent
Checked against source
2026-08-23
Official source
Read the official release (epa.gov)
PDF
View Official PDF

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Currency note: this decision dates from 2009
The EPA regulations may have been amended, penalty amounts have been adjusted, and later Board or court decisions may have changed the analysis since then. Treat this page as historical context, not current compliance advice. Verify the current standard before relying on any specific rule, threshold, or penalty mentioned here.
Final EAB decision
This Environmental Appeals Board order is a final disposition of the CERCLA 106(b) appeal. The Board granted the unopposed motion and dismissed Higman Barge Lines, Inc.'s petition for reimbursement with prejudice after the matter was resolved under a consent agreement. The full text below is the official EPA release, transcribed from a scanned PDF with OCR proofreading.
About this page: The plain-English summary and decision snapshot below were written by Ezel based on the official EPA EAB release. The full text is the agency's own release.
Transcribed from a scanned original: EPA EAB released this decision as an image-only file. The full text below is a machine transcription, proofread against the scan. Check the official release before quoting exact language.
Read the official release (epa.gov)

Plain-English summary

Higman Barge Lines, Inc. and EPA Region 6 resolved their obligations under a consent agreement. Higman filed an unopposed motion asking the EAB to dismiss its petition for reimbursement with prejudice. The Board found that the matter had been resolved to Higman's and the Region's satisfaction. It granted the motion and dismissed the petition.

Decision snapshot

  • Cited authorities: None stated in the released order.
  • Outcome: The petition for reimbursement was dismissed with prejudice.
  • Key point: The EAB closed the reimbursement proceeding after the parties completed their obligations under a consent agreement.

Full text (EPA EAB public release)

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


In re:                                             )
                                                   )
Higman Barge Lines, Inc.                            )   CERCLA 106(b) Appeal No. 08-02
                                                   )
                                                   )


              ORDER DISMISSING PETITION FOR REIMBURSEMENT

     By unopposed motion filed with the Board on June 3, 2009, the petitioner in the above-
captioned matter, Higman Barge Lines, Inc. (\"Higman\") states that it and U.S. EPA Region 6
(\"Region\") have now \"complied with their obligations pursuant to a Consent Agreement filed herein
by the EPA on or about April 10, 2009.\" Unopposed Motion to Withdraw and Dismiss Petition for
Reimbursement (June 3, 2009) at 1 (\"Motion\"). The Motion requests that the Board issue an order
dismissing Higman's petition for reimbursement with prejudice in light of the Consent Agreement.

     Because this matter has been resolved to the satisfaction of Higman and the Region, the
Motion is granted. Higman's petition for reimbursement is hereby dismissed with prejudice.

So ordered.


Dated: June 4, 2009                         ENVIRONMENTAL APPEALS BOARD


                                            By: [illegible signature]
                                                Anna L. Wolgast
                                            Environmental Appeals Judge


                          CERTIFICATE OF SERVICE

     I hereby certify that copies of the forgoing Order Dismissing Petition for Reimbursement in
the matter of Higman Barge Lines, Inc., CERCLA 106(b) Appeal No. 08-02, were sent to the
following persons in the manner indicated:


Certified Mail
and Facsimile:                              Harless R. Benthul
                                            Attorney at Law
                                            Lyric Center
                                            440 Louisiana, Suite 600
                                            Houston, TX 77002
                                            Fax # (713) 223-0026

Pouch Mail
and Facsimile:                              James L. Turner
                                            Senior Attorney
                                            Office of Regional Counsel
                                            U.S. EPA Region 6
                                            1445 Ross Ave.
                                            Houston, TX 75202
                                            Fax # (214) 665-6460


Dated: JUN - 4 2009                         [illegible signature]
                                            Annette Duncan
                                            Secretary

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