Southern Energy, Inc. (Board decision, April 24, 2000)

Plain-English summary

Mead Johnson petitioned for review under the federal PSD permit rules in a matter involving Southern Energy, Inc. Mead Johnson later told the Environmental Appeals Board that it had reached a settlement with Southern Energy and asked to withdraw the petition. The Board granted the motion and dismissed PSD Appeal No. 00-2 with prejudice. The order does not impose a penalty.

Decision snapshot

• Cited authorities: None stated in the release. The order refers generally to 40 C.F.R. part 124.
• Outcome: The petition was withdrawn, and the appeal was dismissed with prejudice.
• Key point: A settlement between the petitioner and permittee can support withdrawal and dismissal of a PSD appeal.

Full text (EPA EAB public release)

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

)
In re: )
)
Southern Energy, Inc. ) PSD Appeal No. 00-2 )
)
)

ORDER ON MOTION TO WITHDRAW PETITION FOR REVIEW

By motion dated April 18, 2000, Mead Johnson, the petitioner in

the above-referenced matter, moves to withdraw the above-referenced

petition filed with the Environmental Appeals Board under 40 C.F.R.

part 124. In support of the motion, Mead Johnson states that it has

reached a settlement with the permittee, Southern Energy, Inc.

Mead Johnson’s motion to withdraw PSD Appeal No. 00-2 is hereby

granted, and the Board hereby dismisses with prejudice the appeal in

its entirety.

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: 4/24/00 By: /s/
Ronald L. McCallum
Environmental Appeals Judge
 CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order on Motion to Withdraw Administrative Appeal in the matter of Southern Energy, Inc., PSD Appeal No. 00-2, were sent to the following persons in the manner indicated:

First Class Mail,
Postage Prepaid: Michael L. Robinson
Warner Norcross & Judd LLP
900 Old Kent Building
111 Lyon, N.W.
Grand Rapids, Michigan 49503

Frank Leone, Jr.
Spriggs & Hollingsworth
1350 I St., N.W., 9th Floor
Washington, D.C. 20005

Mike Childers
Southern Energy, Inc.
900 Ashwood Parkway
Suite 500
Atlanta, Ga 30338-4780

Dated: 4/24/00
/s/
Annette Duncan
Secretary