Ketchikan Pulp Company (Board decision, March 6, 1998)

Plain-English summary

EPA withdrew its appeal concerning Ketchikan Pulp Company after additional research into the matters that formed the basis of the appeal. EPA's counsel represented that continued pursuit was not a good use of the Board's or the respondent's time, and Ketchikan Pulp stipulated to the withdrawal. The Board found good cause, granted EPA's motion, and dismissed the appeal with prejudice.

Decision snapshot

• Cited authorities: None stated in the decision.
• Outcome: EPA's appeal withdrawn and dismissed with prejudice.
• Key point: The EAB granted withdrawal after the parties agreed that continued pursuit of the appeal was no longer useful.

Full text (EPA EAB public release)

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

In re:
Ketchikan Pulp Company CWA Appeal No. 96-6

Docket No. CWA 1089-12-309(g)

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ORDER GRANTING MOTION TO WITHDRAW APPEAL

On March 6, 1998, EPA filed a motion to withdraw its appeal, CWA Appeal No. 96-6. As grounds for the motion, counsel represents that additional research into the matters which formed the basis for its appeal reveals that continued pursuit of the appeal “is not good use of the Board’s or Respondent’s time.” Motion for Leave to Withdraw Appeal at 1 (March 5, 1998). Counsel further represents that respondent Ketchikan Pulp Company (“KPC”) stipulates to the EPA’s withdrawal of its appeal. Id.

For good cause shown, the Board hereby grants EPA's motion. Consequently, EPA’s appeal, CWA Appeal No. 96-6, is hereby dismissed with prejudice.

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: MAR 6 1998
By: [illegible signature]
Edward E. Reich
Environmental Appeals Judge

2

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Granting Motion to Withdraw Appeal in the matter of Ketchikan Pulp Company, CWA Appeal No. 96-6, were sent to the following persons in the manner indicated:

By Fax and by Certified Mail,
Return Receipt Requested:

Bert P. Krages II, Esq.
Attorney for Respondent
Ketchikan Pulp Company
900 S.W. Fifth Avenue, Suite 1900
Portland, Oregon 97204
Fax No.: (503) 226-6304

By Fax and by Inter-Office Mail:

Mark A. Ryan, Esq.
Attorney for U.S. EPA, Region X
Idaho Operations Office
U.S. EPA
1435 North Orchard Street
Boise, Idaho 83706
Fax No.: (208) 378-5744

Robert Perlis, Esq.
Office of General Counsel
MC 2333
401 M Street, SW
Washington, D.C. 20460
Fax No.: (202) 401-1065

David Drelich, Esq.
Office of Enforcement and
Compliance Assurance
MC 2243A
401 M Street, SW
Washington, D.C. 20460
Fax No.: (202) 564-0054

Dated: MAR 6 1998
Hale Hawbecker, Esq.
Office of General Counsel
401 M Street, SW

MC 2322
Washington, D.C. 20460
Fax No.: (202) 260-8392

Rosemarie Kelley, Esq.
Office of General Counsel
401 M Street, SW
Washington, D.C. 20460
Fax No.: (202) 564-9001

Annette Duncan

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