Land O'Lakes, Inc. (Hudson Oil Refinery Superfund Site) (Board decision, November 4, 2021)

Plain-English summary

Land O’Lakes, Inc. asked the Environmental Appeals Board to dismiss its CERCLA section 106(b)(2) petition for reimbursement concerning the Hudson Oil Refinery Superfund Site. The petition had been stayed while overlapping liability issues were litigated in federal court. The parties reported that the federal cost-recovery case had settled, and the Western District of Oklahoma entered a consent decree on October 29, 2021. The Board granted the request and dismissed the reimbursement petition with prejudice.

Decision snapshot

• Cited authorities: 42 U.S.C. § 9606(b)(2), including § 9606(b)(2)(A).
• Outcome: Settled. The CERCLA reimbursement petition was dismissed with prejudice after a federal consent decree resolved the overlapping claims.
• Key point: A consent decree resolving related federal cost-recovery claims supported dismissal of the pending reimbursement petition.

Full text (EPA EAB public release)

                                                                          F I L E D
                                                                              Nov 04, 2021
                                                                         Clerk, Environmental Appeals Board
                                                                         INITIALS ________________________
                    ENVIRONMENTAL APPEALS BOARD
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.

In re: )
)
Land O’Lakes, Inc. (Hudson Oil Refinery ) CERCLA § 106(b) Petition No. 15-01 Superfund Site) )
)
Docket No. 06-16-08 )
)

                  ORDER DISMISSING PETITION WITH PREJUDICE


      On November 2, 2021, Petitioner Land O’Lakes, Inc., submitted a request to dismiss with

prejudice their petition for reimbursement filed under section 106(b)(2) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”), 42 U.S.C. § 9606(b)(2), in the above-captioned matter.1 Their petition has been pending and stayed before the Environmental Appeals Board (“Board”) while litigation in a cost recovery case on overlapping liability issues has proceeded in federal court. In August 2021 the parties informed the Board that a definitive settlement had been reached in the cost recovery case, and now Petitioner represents that on October 29, 2021, the U.S. District Court for the Western District of Oklahoma in United States v. Land O’Lakes, Inc., and Cushing, Oklahoma Brownfields, LLC, Case No. 5:16-cv-00170, entered a consent decree resolving the claims in the petition.

      1
     While Land O’Lakes, Inc. labeled its filing “Dismissal with Prejudice,” the

Environmental Appeals Board will treat the filing as a motion to withdraw and request for dismissal consistent with the Board’s CERCLA Standing Order. See Order on Procedures for Petitions for Reimbursement Submitted Under Section 106(b)(2)(A) of the CERCLA of 1980, 42 U.S.C. § 9606(b)(2)(A), app. A (EAB July 7, 2020).

  Having considered Petitioner’s submittal and the representations therein, the Board

GRANTS the request and DISMISSES WITH PREJUDICE their petition for reimbursement.

  So ordered.2


                                                 ENVIRONMENTAL APPEALS BOARD

      Nov 04, 2021

Dated: ____ By: ______
Mary Kay Lynch
Environmental Appeals Judge

  2
   The panel deciding this matter is composed of Environmental Appeals Judges Mary

Kay Lynch and Kathie A. Stein.

                                          -2-


                           CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Dismissing Petition with Prejudice in the

matter of Land O’Lakes Inc. (Hudson Oil Refinery Superfund Site), CERCLA § 106(b) Petition No. 15-01, were sent to the following persons in the manner indicated.

By Email:
Attorneys for Petitioner Attorneys for EPA Stephen L. Jantzen, Esq. George Malone, III Mark D. Coldiron, Esq. Sr. Asst. Regional Counsel Ryan Whaley Coldiron Jantzen U.S. EPA, Region 6 (6RC-S) Peters & Webber PLLC 1201 Elm Street, Suite 500 400 N. Walnut Avenue Dallas, TX 75270-2102 Oklahoma City, OK 73104 [email protected] Telephone: (405) 239-6040 Telefax: (405) 239-6766 Clarence Featherson Office of [email protected] Enforcement and Compliance Assurance [email protected] U.S. EPA (2272A)
1200 Pennsylvania Avenue NW Washington,
Byron E. Starns, Esq. DC 20460
Stinson LLP [email protected] 50 South Sixth Street, Suite 2600 Minneapolis, MN 55402 Lorie Schmidt Telephone: (612) 335-1516 Associate General Counsel Telefax: (612) 335-1657 Office of General Counsel [email protected] U.S. EPA
1200 Pennsylvania Ave., NW
Washington, DC 20460
[email protected]

      Nov 04, 2021

Dated: ________
Emilio Cortes
Clerk of the Board

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