Hudson River Park Trust (Board decision, February 4, 2016)

Plain-English summary

The City Club of New York, Robert Buchanan, and Tom Fox asked the Environmental Appeals Board to review a matter involving the Hudson River Park Trust and a U.S. Army Corps of Engineers public notice. After the Board issued an order to show cause, the petitioners withdrew their request for review. The Board dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124
• Outcome: The CWA appeal was dismissed with prejudice after the petitioners withdrew their request for Board review.
• Key point: Withdrawal after an order to show cause ended the permit appeal with prejudice.

Full text (EPA EAB public release)

F I L E D

FEB 4 2016

Clerk, Environmental Appeals Board
INITIALS [illegible]

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

In re:

Hudson River Park Trust

USACOE Public Notice NAN-1998-00290

CWA Appeal No. 16-01

ORDER DISMISSING PETITION FOR REVIEW

On January 29, 2016, counsel for The City Club of New York, Robert Buchanan, and Tom Fox (collectively, Petitioners) filed a letter in response to the Environmental Appeals Board’s Order to Show Cause Why Petition Should Not Be Dismissed for Lack of Jurisdiction and/or for Failure to Comply with 40 C.F.R. Part 124, issued January 19, 2016. The letter states that Petitioners have decided to withdraw their request for Board review in the above-captioned matter.

Accordingly, the petition for review, designated as Environmental Appeals Board CWA Appeal No. 16-01, is DISMISSED WITH PREJUDICE.

So ordered.

Dated: 2/4/16

By: [signature]
Mary Kay Lynch
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Hudson River Park Trust, CWA Appeal No. 16-01, were sent to the following persons in the manner indicated:

By Facsimile and First Class U.S. Mail, Return Receipt Requested:

Richard D. Emery, Esq.
Emery, Celli, Brinckerhoff & Abady LLP
600 Fifth Avenue at Rockefeller Center
10th Floor
New York, New York 10020
facsimile: (212) 763-5001

David Paget, Esq.
Sive, Paget & Riesel PC
460 Park Avenue, 10th Floor
New York, New York 10022
facsimile: (212) 421-1891

Lisa H. Bebchick, Esq.
Fried, Frank, Harris, Shriver & Jacobson LLP
1 New York Plaza
New York, New York 10005
facsimile: (212) 859-4000

By Facsimile and EPA Pouch Mail:

Kara E. Murphy, Esq.
Office of Regional Counsel
U.S. Environmental Protection Agency, Region 2
290 Broadway, 16th Floor (Room 16W-013)
New York, New York 10007-1866
facsimile: (212) 637-3199

FEB 4 2016

Date:
[signature]
Annette Duncan
Secretary