Wind River Oil and Gas Permits (Board decision, August 3, 2016)

Plain-English summary

Wesco Operating, Inc., the Natural Resources Defense Council, Public Employees for Environmental Responsibility, and Phoenix Production Company asked the Environmental Appeals Board to dismiss their Clean Water Act permit appeals. The petitioners reported that EPA Region 8, the Northern Arapaho Tribe, and the Eastern Shoshone Tribe consented to dismissal. The parties had entered a Settlement Agreement, and EPA Region 8 later issued modified permits to Wesco and Phoenix. The Board dismissed NPDES Appeal Nos. 15-02, 15-03, 15-04, and 15-05 in their entirety and with prejudice.

Decision snapshot

• Cited authorities: 40 C.F.R. § 1.25(e)(1)
• Outcome: The four consolidated petitions for review were dismissed with prejudice.
• Key point: A permit appeal may be dismissed with prejudice after a settlement and issuance of modified permits resolve the dispute.

Full text (EPA EAB public release)

F I L E D

AUG - 3 2016

Clerk, Environmental Appeals Board

INITIALS [illegible]

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

In re:

Wind River Oil & Gas Permits

NPDES Permit Nos. WY-00203338,
WY-0024945, WY-0024953, WY-0025232,
WY-0025607

NPDES Appeal Nos. 15-02, 15-03,
15-04, and 15-05

ORDER DISMISSING PETITIONS FOR REVIEW

On August 2, 2016, Wesco Operating, Inc. (“Wesco”), Natural Resources Defense Council (“NRDC”), Public Employees for Environmental Responsibility (“PEER”), and Phoenix Production Company (“Phoenix”) (collectively, “Petitioners”) filed a joint motion to dismiss with prejudice the petitions they submitted last year in the above-captioned Clean Water Act permit appeals. Petitioners report that Region 8 of the U.S. Environmental Protection Agency, the Northern Arapaho Tribe, and the Eastern Shoshone Tribe have consented to the granting of this motion.

All seven of these parties entered into a Settlement Agreement on December 11, 2015. Petitioners represent that pursuant to the terms of the Settlement Agreement, EPA Region 8 issued modified permits to Wesco and Phoenix on July 21, 2016, and Petitioners subsequently submitted this joint motion for dismissal.

In these circumstances, the Environmental Appeals Board hereby dismisses NPDES Appeal Nos. 15-02, 15-03, 15-04, and 15-05 in their entirety, with prejudice.

So ordered.

ENVIRONMENTAL APPEALS BOARD¹

Dated: AUG - 3 2016

By: [signature]

Kathie A. Stein
Environmental Appeals Judge

¹ The panel deciding this matter is comprised of Environmental Appeals Judges Mary Kay Lynch, Kathie Stein, and Mary Beth Ward. See 40 C.F.R. § 1.25(e)(1).

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petitions for Review in the matter of Wind River Oil & Gas Permits, NPDES Appeal Nos. 15-02 to -05, were sent to the following persons in the manner indicated:

By First Class U.S. Mail and Electronic Mail:

Sarah Tallman
Natural Resources Defense Council
20 North Wacker Drive, Suite 1600
Chicago, Illinois 60606
[email protected]

Kelly Laukhuf
Breitburn Energy Partners
1401 McKinney Street, Suite 2400
Houston, Texas 77008
[email protected]

Jeff Ruch
Executive Director
Public Employees for Environmental Responsibility
2000 P Street N.W., Suite 240
Washington, D.C. 20036
[email protected]

Robert S. Hitchcock
Attorney General
Eastern Shoshone Tribe
Post Office Box 1644
Fort Washakie, Wyoming 82514
rhitchcock@[email protected]

Kelly A. Rudd
Kathy Sanderson
Baldwin, Crocker & Rudd, PC
Post Office Box 1229
Lander, Wyoming 82520-1229
[email protected]
[email protected]

By EPA Pouch Mail and Electronic Mail:

Everett Volk
U.S. EPA Region 8
Office of Regional Counsel
Mail Code 80ECA-OE
1595 Wynkoop Street
Denver, Colorado 80202-1129
[email protected]

AUG - 3 2016

Dated: [stamped date]

[signature]

Annette Duncan
Secretary