City of Springfield, Illinois (Board decision, November 22, 2006)

Plain-English summary

The Sierra Club petitioned for review of the City of Springfield's PSD permit. The parties reached an agreement that made further litigation unnecessary. The Environmental Appeals Board granted the Sierra Club's motion to dismiss and dismissed the petition with prejudice. The order does not state the agreement's terms.

Decision snapshot

• Cited authorities: None stated in the released order.
• Outcome: Procedural dismissal with prejudice.
• Key point: The Board granted a party's agreed motion to end the permit appeal.

Full text (EPA EAB public release)

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

                                                           NOV 22 2006

In re: )
)
City of Springfield ) PSD Appeal No. 06-08
)
PSD Permit No. 167120AAO )

             ORDER GRANTING MOTION TO DISMISS PETITION FOR REVIEW

By motion filed on November 20, 2006, the Sierra Club, the Petitioner in the above-captioned matter, requests that the Board enter an order dismissing its petition for review. Motion to Dismiss (Nov. 20, 2006) ("Motion"). The Motion states that the parties "have reached an agreement that obviates the need for further litigation." Motion at 1.

The Motion is hereby granted and the Sierra Club's petition for review is dismissed with prejudice.

So ordered.

Dated: [handwritten date] ENVIRONMENTAL APPEALS BOARD

                                      By: [signature]
                                          Environmental Appeals Judge 1

                          CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Granting Motion to Dismiss Petition for Review in the matter of City of Springfield, PSD Appeal No. 06-08, were sent to the following persons in the manner indicated:

By Certified Mail:

Bruce Niles
Sierra Club
122 West Washington Ave., Suite 830
Madison, WI 53703

Renee Cipriano
Elizabeth A. Leifel
Sonnenschein Nath & Rosenthal, LLP
7800 Sears Tower
South Wacker Dr.
Chicago, IL 60606

Sally Carter
Office of General Counsel
Illinois Environmental Protection Agency
1021 North Grand Ave. East
P.O. Box 19276
Springfield, IL 62794

Dated: NOV 21 2006