Guardian Industries Corp. (Board decision, August 21, 1997)

Plain-English summary

Citizens' Environmental Coalition and Peter Goodman petitioned for review of a PSD permit issued to Guardian Industries for construction of a flat glass plant in Geneva, New York. The parties engaged in settlement negotiations and reported that all issues had been resolved. The petitioners then moved to dismiss their petitions with prejudice because the issues were moot. The Board granted the motion and closed both appeal files without deciding the merits of the permit challenges.

Decision snapshot

• Cited authorities: None stated in the released order.
• Outcome: The petitions for review were dismissed with prejudice, and both appeal files were closed.
• Key point: The EAB closed the permit appeals after the petitioners reported that settlement negotiations had resolved the issues.

Full text (EPA EAB public release)

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

In the Matter of:
Guardian Industries Corp. PSD Appeal Nos. 97-9, 97-10 Permit No. B-3205-00041/00001

ORDER DISMISSING PETITIONS FOR REVIEW
On April 28, 1997, Citizens' Environmental Coalition (\"CEC\") filed a petition for review of a PSD permit issued by the State of New York's Department of Environmental Conservation (\"NYDEC\") to Guardian Industries, Inc. (\"Guardian\") on April 1, 1997, for the construction of a flat glass plant in Geneva, New York. On May 1, 1997, Peter Goodman filed a petition for review of the same permit. Pursuant to a request from this Board, NYDEC responded to the two petitions on May 29, 1997. Guardian also filed a response to the petitions, and requested the Board to consider its response, a request the Board granted.
Since that time, the four parties to this proceeding (CEC, Peter Goodman, Guardian and NYDEC), with the aid of U.S. EPA Region II, have been actively engaged in settlement negotiations. The parties requested, and the Board granted, several stays in this matter in order for the negotiations to proceed. The most recent stay expired on August 20, 1997.
On August 15, 1997, the parties filed a status report with this Board indicating that they had resolved all but one issue, which they expected to resolve before the August 20, 1997 expiration of the stay. Apparently, that issue has been

resolved, because on August 20, 1997, the petitioners filed, by

facsimile, a motion to dismiss their petitions for review with prejudice on the grounds that the issues raised therein are now

\"moot.\"
The petitioners' motion is hereby granted, and the petitions

for review are dismissed with prejudice. Accordingly, the file in each of the above-referenced docket numbers is closed.

So ordered.

ENVIRONMENTAL, APPEALS BOARD

By:
Kathie A. Stein
Environmental Appeals Judge

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order Dismissing Petitions for Review in the Matter of Guardian Industries Corp., PSD Appeal Nos. 97-9, 10, were sent to the following persons in the manner indicated:

First Class Mail,
Carl G. Dworkin, Esq.
Postage Prepaid
6281 Johnston Road
and facsimile: P.O. Box 3784
Albany, NY 12203
Fax: 518-452-5520

Diane Heminway
Citizens' Environmental Coalition
Western New York Office
339 N. Main Street, Suite A
Medina, NY 14103
Fax: 716-798-0146

Paul J. D'Amato
Regional Attorney
New York State Dept. Of
Environmental Conservation
6274 East Avon-Lima Rd.
Avon, NY 14414
Fax: 716-226-2830

David M. Friedland
Beveridge & Diamond, P.C.
1350 I Street, N.W.
Suite 700
Washington, D.C. 20005
Fax: 202-789-6190

Walter Mugdan
Office of Regional Counsel
U.S. EPA, Region II
290 Broadway, 17th Floor
New York, NY 10007
Fax: 212-637-3115

Dated:
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