Bacardi Corporation (Board decision, August 5, 2008)

Plain-English summary

Bacardi Corporation appealed conditions in NPDES Permit No. PR0000591. Bacardi moved to withdraw the appeal after entering a consent decree with EPA Region 2 and the U.S. Department of Justice. The consent decree was lodged with the U.S. District Court for the District of Puerto Rico and addressed the permit conditions contested in the appeal. EPA concurred in the withdrawal, and the Board dismissed the petition for review with prejudice.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The motion to withdraw the appeal was granted, and the petition for review was dismissed with prejudice.
• Key point: A consent decree resolving the contested permit conditions supported dismissal of the permit appeal.

Full text (EPA EAB public release)

                   BEFORE THE ENVIRONMENTAL APPEALS BOARD
                UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                              WASHINGTON, DC

                                  )

In re: )
)
Bacardi Corporation ) NPDES Appeal No. 08-07
)
NPDES Permit No. PR0000591 )
)

             ORDER GRANTING MOTION FOR WITHDRAWAL OF APPEAL

  On August 4, 2008, the petitioner in the above-captioned matter, Bacardi Corporation

(“Bacardi”), moved to withdraw its petition for review filed with the Environmental Appeals Board. Motion for Withdrawal of Appeal (Aug. 1, 2008) (“Motion”). Bacardi states that it entered into a consent decree with the permitting authority, the U.S. Environmental Protection Agency (“EPA”) Region 2, and the U.S. Department of Justice (“DOJ”), and that the consent decree, lodged with the U.S. District Court for the District of Puerto Rico on July 31, 2008, addresses the permit conditions contested in the appeal. Id. Bacardi states further that EPA concurs in the Motion. Id.

  Under these circumstances, the above-captioned petition for review is hereby dismissed

with prejudice.

  So ordered.

                                  ENVIRONMENTAL APPEALS BOARD

Dated: August 5, 2008 By: [signature]
Edward E. Reich
Environmental Appeals Judge

                          CERTIFICATE OF SERVICE

  I hereby certify that copies of the foregoing Order Granting Motion for Withdrawal of

Appeal in Bacardi Corporation, NPDES Appeal No. 08-07, were sent to the following persons in the manner indicated:

First Class Mail: Eduardo Negrón Navas
Fiddler González & Rodríguez, P.S.C.
P.O. Box 363507
San Juan, Puerto Rico 00936-3507

                                      John Fehrenback
                                      Winston & Strawn LLP
                                      1700 K Street, N.W.
                                      Washington, D.C. 20006-3817

EPA Pouch Mail: Diane Gomes
U.S. EPA, Region 2
Office of Regional Counsel
290 Broadway, 16th Floor
New York, NY 10007

Date: AUG - 5 2008

[signature]
Annette Duncan
Secretary