South Florida Water Management District (Board decision, February 3, 1999)

Plain-English summary

South Florida Water Management District sought review in an NPDES permit proceeding involving Permit No. FL0043885. After the Board ordered the District to show cause why its petition should not be dismissed as moot, the District agreed that the issues were moot and withdrew its petition. The Board dismissed the petition and denied the District's request to remain a party. The remaining parties were ordered to serve the District with future submissions.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The petition was dismissed as moot, and the District was denied party status going forward.
• Key point: A petitioner that withdraws a moot petition may be removed as a party while continuing to receive future filings.

Full text (EPA EAB public release)

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

____
)
In re: )
)
South Florida Water ) NPDES Appeal Nos. 95-1, 95-2,
Management District ) 95-3 & 95-4 )
Permit No. FL0043885 )
___)

ORDER DISMISSING PETITION FOR REVIEW

By order dated January 12, 1999, the Board ordered, among other

things, that the South Florida Water Management District (“SFWMD”)

show cause by January 28, 1999, why its petition for review in the

above-captioned matter (NPDES Appeal No. 95-1) should not be

dismissed as moot. Order Vacating Stay. In a response dated January

28, 1999, SFWMD states that the issues raised in its petition for

review are indeed moot, and that SFWMD is therefore withdrawing its

petition for review. District Response to Order Vacating Stay.

Because the issues raised in SFWMD’s petition for review are

now moot, the petition is hereby dismissed. Under these

circumstances, SFWMD’s request that it remain a party in this

proceeding is denied. The remaining parties (the Sugar Cane Growers

Cooperative of Florida, Roth Farms, Inc., and Wedgworth Farms, Inc.,

the Miccosukee Tribe of Indians of Florida, and
 2

Friends of the Everglades), however, are ordered to serve SFWMD with

all future submissions in this matter.

So ordered.

ENVIRONMENTAL APPEALS BOARD

By: /s/
Scott C. Fulton
Dated: 02/03/99
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petition for Review in the matter of South Florida Water Management District, NPDES Appeal Nos. 95-1, 95-2, 95-3 & 95-4, were sent to the following persons in the manner indicated:

First Class Mail
Postage Prepaid:

William H. Green
Douglas M. Maclaughlin
Gary V. Perko
3301 Gun Club Road
P.O. Box 6526
West Palm Beach, FL 33406
Tallahassee, FL 32314
Philip G. Mancuso-Ungaro
Dione Carroll
Associate Regional Counsel
Lehtinen, O’Donnell, Vargas U.S. EPA Region IV
& Reiner, P.A.
361 Forsyth St.
7700 N. Kendall Dr., Suite 303 Atlanta, GA 30303-8960
Miami, FL 33156
Barbara Markham
John E. Childe
General Counsel
606 Pine Road
South Florida Water
Palmyra, PA 17078
Management District
P.O. Box 24680
West Palm Beach, FL 33416-4680

Dated: 02/04/99
/s/
Annette Duncan
Secretary