City of Portsmouth, New Hampshire (Board decision, May 10, 2023)

Plain-English summary

The City of Portsmouth withdrew its petition for review of an NPDES permit on May 5, 2023. The City stated that the parties had reached an agreement to resolve their dispute, and EPA Region 1 had withdrawn certain permit provisions and published a proposal for public comment regarding their removal. The Environmental Appeals Board dismissed the petition.

Decision snapshot

• Cited authorities: None cited in the order
• Outcome: The petition for review was dismissed after the City withdrew it.
• Key point: A petition for review may be dismissed when the petitioner withdraws it after the parties reach an agreement.

Full text (EPA EAB public release)

                                                                           F I L E D
                                                                               May 10, 2023
                                                                          Clerk, Environmental Appeals Board

                   ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
          UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                          WASHINGTON, D.C.


                                              )
                                              )

In re City of Portsmouth, New Hampshire ) NPDES Appeal No. 22-02
)
NPDES Permit No. NH0109000 )
)
)

                  ORDER DISMISSING PETITION FOR REVIEW


   On May 5, 2023, the City of Portsmouth (“City”) filed a notice withdrawing its petition

for review. See City of Portsmouth’s Notice of Withdrawal of Petition for Review. In support of

its filing, the City states that the parties have reached an agreement to resolve their dispute, and,

pursuant to that agreement, Environmental Protection Agency Region 1 has withdrawn certain

permit provisions and published a proposal for public comment regarding the removal of those

provisions.

   In light of the foregoing, the Environmental Appeals Board dismisses the City’s petition

for review.
 So ordered.1

                                             ENVIRONMENTAL APPEALS BOARD

Dated: May 10, 2023 By: ________
Wendy L. Blake
Environmental Appeals Judge

   1
    The three-member panel deciding this matter is composed of Environmental Appeals

Judges Wendy L. Blake, Mary Kay Lynch, and Kathie A. Stein.

                                       -2-

CERTIFICATE OF SERVICE

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

of City of Portsmouth, New Hampshire, NPDES Appeal No. 22-02, were sent to the following
persons in the manner indicated:

By Email:

For: City of Portsmouth
F. Paul Calamita
Richard H. Sedgley
AquaLaw PLC
6 South 5th Street
Richmond, Virginia 23219
[email protected]
[email protected]
Tel. (804) 716-9021

For: EPA
Michael Knapp
Senior Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 1
Mail Code 4-02
5 Post Office Square, Suite 100
Boston, Massachusetts 02109
[email protected]
Tel. (617) 918-1053

      May 10, 2023

Dated: ____ ______
Emilio Cortes
Clerk of the Board