City & County of Honolulu (Board decision, February 2, 2011)

Plain-English summary

The City and County of Honolulu sought review of NPDES permits for the Honouliuli and Sand Island wastewater treatment plants. Honolulu filed a notice withdrawing its petition for review while proceedings before the Environmental Appeals Board were temporarily stayed by the Ninth Circuit. After the Ninth Circuit lifted the stay, the Board dismissed the pending petition with prejudice. The order does not impose a penalty or decide the merits of the permit challenge.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The petition for review was dismissed with prejudice after the petitioner withdrew it.
• Key point: A petitioner may withdraw a pending permit-review petition, resulting in dismissal with prejudice after a temporary stay ends.

Full text (EPA EAB public release)

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

                                                 )

In re: )
)
City & County of Honolulu ) NPDES Appeal No. 09-01 Honouliuli Wastewater Treatment Plant ) Sand Island Wastewater Treatment Plant )
)
NPDES Permit Nos. HI0020117 & HI0020877 )
-----------------------------)
ORDER DISMISSING PETITION FOR REVIEW

     On January 5, 2011, the City and County of Honolulu filed a notice of withdrawal of its

petition for review in the above-captioned case. At that time, the Environmental Appeals

Board's proceedings were temporarily stayed by the United States Court of Appeals for the Ninth

Circuit. On January 31, 2011, however, the Ninth Circuit lifted the temporary stay.

     The pending petition for review of NPDES Permit Nos. HI0020117 and HI0020877 is

hereby DISMISSED WITH PREJUDICE.

     So ordered.


                                         ENVIRONMENTAL APPEALS BOARD

                                         By: [signature]
                                             Kathie A. Stein
                                         Environmental Appeals Judge


                            CERTIFICATE OF SERVICE

   I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the

matter of City & County of Honolulu, NPDES Appeal No. 09-01, were sent to the following persons in the manner indicated:

By Facsimile and First Class U.S. Mail:

David B. Salmons, Esq. Carrie K. S. Okinaga, Corporation Counsel Bryan M. Killian, Esq. Kathleen Kelly, Deputy Corp. Counsel Bingham McCutchen LLP City and County of Honolulu 2020 K Street, N.W. 530 South King Street, Room 110 Washington, D.C. 20006 Honolulu, Hawaii 96813 telephone: (202) 373-6000 telephone: (808) 768-5193 facsimile: (202) 373-6001 facsimile: (808) 768-5105

By Facsimile and EPA Pouch Mail:

Ann S. Nutt, Esq.
Assistant Regional Counsel, Region 9
U.S. Environmental Protection Agency
75 Hawthorne Street
Mail Code ORC-2
San Francisco, California 94105-3901
telephone: (415) 972-3930
facsimile: (415) 972-3570

By Facsimile and EPA Interoffice Mail:

Stephen J. Sweeney, Esq.
Office of General Counsel
U.S. Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Mail Code 2355A
Washington, D.C. 20460
telephone: (202) 564-5491
facsimile: (202) 564-5477

Date: FEB - 2 2011
Annette Duncan
Secretary