Albuquerque Bernalillo County Water Utility Authority (Board decision, April 28, 2026)

Plain-English summary

Albuquerque Bernalillo County Water Utility Authority was the holder of NPDES Permit No. NM0022250. After the petition for review was filed, EPA Region 6 notified the EAB that it was withdrawing the permit in its entirety under 40 C.F.R. § 124.19(j). Because the permit withdrawal eliminated the live dispute, the Board dismissed the petition for review as moot. The order did not decide the merits of the permit or the petition.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(j)
• Outcome: The petition for review was dismissed as moot after EPA Region 6 withdrew the permit in its entirety.
• Key point: When the challenged permit is withdrawn, the EAB may dismiss the related petition as moot without reaching the merits.

Full text (EPA EAB public release)

                                                                           F I L E D
                                                                               Apr 28, 2026
                                                                          Clerk, Environmental Appeals Board
                  ENVIRONMENTAL APPEALS BOARD INITIALS ________________________
         UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                         WASHINGTON, D.C.


                                              )

In re Albuquerque Bernalillo County Water )
Utility Authority ) NPDES Appeal No. 26-01
)
Permit No. NM0022250 )
)

                 ORDER DISMISSING PETITION FOR REVIEW AS MOOT



                                    Issued April 28, 2026



   Before Environmental Appeals Judges Aaron P. Avila and Ammie Roseman-Orr.

   Order of the Board by Judge Roseman-Orr:

   On April 23, 2026, U.S. EPA Region 6 notified the Environmental Appeals Board that it

is withdrawing the above-captioned permit issued to Albuquerque Bernalillo County Water

Utility Authority in its entirety, consistent with 40 C.F.R. § 124.19(j). In light of this

withdrawal, the Board dismisses the petition for review in this matter as moot.

   So ordered.

CERTIFICATE OF SERVICE

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

matter of Albuquerque Bernalillo County Water Utility Authority, NPDES Appeal No. 26-01, were sent to the following people on April 28, 2026, in the manner indicated:

By E-mail:

For ABCWUA: For Pueblo of Isleta: Keith Herrmann Ramona Montoya Nann Winter [email protected] John Stomp Christopher Melendrez For United States Environmental Protection Danielle Shuryn Agency: [email protected] Tung Nguyen [email protected] Elizabeth Renea Ryland [email protected] [email protected] [email protected] [email protected] [email protected]
For New Mexico Environment Department:
For Amigos Bravos: Jason Martinez Sarah Knopp Scott Brecken Shannon Romeling [email protected] [email protected] [email protected] [email protected]
For New Mexico Acequia Association:
Vidal Gonzales
[email protected]

                                                                        Digitally signed by
                                                                        TOMMIE MADISON
                                                                        Date: 2026.04.28
                                                                        09:54:07 -04'00'
                                                             Tommie Madison
                                                             Clerk of the Board