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