Boston & Maine Corporation (Board decision, August 31, 2006)

Plain-English summary

Jamison Colburn and the Connecticut River Watershed Council voluntarily dismissed their petition challenging Boston & Maine Corporation's NPDES permit. They told the Environmental Appeals Board that the issues raised in the petition had been resolved through a permit modification. The Board dismissed the petition with prejudice. The order does not state the modification's terms or a penalty.

Decision snapshot

• Cited authorities: None stated in the released order.
• Outcome: The petition was voluntarily dismissed after a permit modification and dismissed with prejudice.
• Key point: A permit modification resolving the issues raised in an appeal can support a final dismissal with prejudice.

Full text (EPA EAB public release)

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

In re: )
Boston & Maine Corporation ) NPDES Appeal No. 05-17
East Deerfield Massachusetts )
)
NPDES Permit No. MA0000272 )

                   ORDER DISMISSING PETITION FOR REVIEW

By submission filed on August 17, 2006, Petitioners Jamison Colburn and Connecticut River Watershed Council state that they are “voluntarily dismissing” their Petition for Review in the above-captioned matter. See Notice of Voluntary Dismissal. The Petitioners explain that the issues they raised in their Petition for Review have been resolved by a permit modification.

Accordingly, the Petition for Review is hereby dismissed with prejudice.

So ordered.

                                         ENVIRONMENTAL APPEALS BOARD

Dated: August 31, 2006 By:

Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of Boston & Maine Corporation, NDPES Appeal No. 05-17, were sent to the following persons in the manner indicated:

By First Class Mail:

Professor Jamison Colburn
WNEC-Law School
1215 Wilbraham Rd.
Springfield, MA 01119-2654

Andrea Donlon
River Steward
Connecticut River Watershed Council, Inc.
15 Bank Row
Greenfield, MA 01301

John P. Curtin, Esq.
Boston & Maine Corporation
Iron Horse Park, High Street
North Billerica, MA 01862

By Pouch Mail:

Ronald A. Fein, Assistant Regional Counsel
U.S. EPA Region I
One Congress Street, Suite 1100 (RAA)
Boston, MA 02114

Date: AUG 31 2006

Secretary