Weaver's Cove Energy, LLC (Board decision, May 2, 2013)

Plain-English summary

Weaver's Cove Energy, LLC was the permit holder in an NPDES appeal involving permit no. MA0004871. Cecile Scofield moved to withdraw her petition for review, which had been filed on April 18, 2013. The Board dismissed the petition with prejudice. The Board also found moot a Region 1 motion seeking a determination about the deadline for responding to the petition.

Decision snapshot

• Cited authorities: None stated in the release.
• Outcome: The petition for review was dismissed with prejudice after withdrawal.
• Key point: Withdrawal of the petition made the related deadline motion moot.

Full text (EPA EAB public release)

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

In re: ) NPDES Appeal No. 13-05
)
Weaver's Cove Energy, LLC )
)
NPDES Permit No. MA0004871 )
)

ORDER GRANTING MOTION FOR WITHDRAWAL OF PETITION FOR REVIEW

     On May 2, 2013, the petitioner in the above-captioned matter, Cecile Scofield

("Petitioner"), moved to withdraw her petition for review filed on April 18, 2013, with the

Environmental Appeals Board. Withdrawal of Petition for Review/Appeal ("Motion"). The

Petitioner did not provide additional explanation for her request.

     The Environmental Appeals Board hereby DISMISSES WITH PREJUDICE the

above-captioned petition for review. Accordingly, the April 26, 2013 motion filed by

U.S. Environmental Protection Agency, Region 1 ("Region"), seeking a clarifying determination

from the Environmental Appeals Board as to the Region's deadline for filing a response to

Petitioner's petition for review is moot.

     So ordered.


                                                  ENVIRONMENTAL APPEALS BOARD

Date: May 2, 2013 By: [signature]
Leslye M. Fraser
Environmental Appeals Judge

                                             1

                         CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Granting Motion for Withdrawal of
Petition for Review in the matter of Weaver's Cove Energy, LLC, NPDES Appeal No. 13-05,
were sent to the following persons in the manner indicated:

By First Class U.S. Mail:
Cecile T. Scofield
609 HWY. 466 - 1132
Lady Lake, FL 32159
Tel: (774) 526-4738

Weaver's Cove Energy, LLC
1 New Street
Fall River, MA 02720

By U.S. EPA Pouch Mail:
Gregory Dain
U.S. Environmental Protection Agency
Office of Regional Counsel, Region 1
5 Post Office Square - Suite 100
Mail Code: ORA 18-1
Boston, MA 02109-3912
Tel: (617) 918-1884
Fax: (617) 918-0884

         MAY - 2 2013

Dated: ______

                                                          [signature]
                                                          Annette Duncan
                                                          Secretary