Lee Ranch Coal Company (El Segundo Mine) (Board decision, January 7, 2016)

Plain-English summary

Lee Ranch Coal Company sought review of conditions in an NPDES permit for the El Segundo Mine. The company moved to dismiss its petition after reaching a settlement agreement with EPA Region 6. The company stated that the executed agreement led to a permit modification proceeding that resolved the parties’ disagreements over the contested conditions. For good cause shown, the Environmental Appeals Board dismissed the petition with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(k) and 40 C.F.R. § 1.25(e)(1)
• Outcome: The NPDES 14-04 petition for review was dismissed with prejudice after settlement.
• Key point: A settlement and related permit modification resolving the disputed permit conditions supported dismissal with prejudice.

Full text (EPA EAB public release)

                                                                          F I L E D
                                                                              JAN 7 2016
                                                   ENVIRONMENTAL APPEALS BOARD
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.                 Clerk, Environmental Appeals Board
                                                           INITIALS [illegible]


                                                   )

In re: )
)
Lee Ranch Coal Company ) NPDES Appeal No. 14-04
(El Segundo Mine) )
)
NPDES Permit No. NM0030996 )
)

                     ORDER DISMISSING PETITION FOR REVIEW

     On December 29, 2015, petitioner Lee Ranch Coal Company filed a motion to dismiss its

petition for review in the above-captioned matter pursuant to 40 C.F.R. § 124.19(k). Petitioner

Lee Ranch Coal Company’s Motion to Dismiss Petition for Review (Dec. 29, 2015). Lee Ranch

Coal Company states that it reached a settlement agreement with U.S. Environmental Protection

Agency Region 6, and that the executed settlement agreement resulted in a permit modification

proceeding that resolved the parties’ disagreements over the contested permit conditions. Id.

at 2.

     For good cause shown, the petition for review in the above-captioned matter is dismissed

with prejudice.

     So ordered.1


                                                   ENVIRONMENTAL APPEALS BOARD

Dated: JAN 7, 2016 By: [illegible]
Leslye M. Fraser
Environmental Appeals Judge

1
The panel deciding this matter is comprised of Environmental Appeals Judges Leslye M. Fraser,
Mary Kay Lynch, and Kathie A. Stein. 40 C.F.R. § 1.25(e)(1).
 CERTIFICATE OF SERVICE

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

of Lee Ranch Coal Co., NPDES Appeal No. 14-04, were sent to the following persons in the
manner indicated:

By EPA Pouch Mail and Facsimile:

David Gillespie
Assistant Regional Counsel
U.S. EPA Region 6
1445 Ross Avenue, Suite 1200
Dallas, TX 75202
Facsimile: (214) 665-2182

By First Class Mail Return Receipt Requested and Facsimile:

Craig A. Moyer
Peter R. Duchesneau
Manatt, Phelps & Phillips, LLP
11355 West Olympic Boulevard
Los Angeles, CA 90064
Facsimile: (310) 312-4224

CC By Interoffice Mail:

Kevin Minoli
Principal Deputy General Counsel
Office of General Counsel
Mail Code 2310A
1200 Pennsylvania Avenue NW
Washington, DC 20460

Michael Shapiro
Principal Deputy Assistant Administrator
Office of Water
Mail Code 4101M
1200 Pennsylvania Avenue NW
Washington, DC 20460

  Dated: JAN 7, 2016                         [illegible]
                                              Annette Duncan
                                              Secretary to the Board