Clayton Chemical Acquisition, L.L.C. d/b/a Resource Recovery Group, L.L.C. (Board decision, April 28, 1998)

Plain-English summary

Clayton Chemical Acquisition, L.L.C., doing business as Resource Recovery Group, L.L.C., and EPA Region 5 jointly asked the Environmental Appeals Board to dismiss the company's petition for review. They agreed that the appeal raised no federally appealable issues and therefore was outside the Board's jurisdiction. The Board granted the joint motion and dismissed RCRA Appeal No. 98-1 with prejudice in its entirety.

Decision snapshot

• Cited authorities: None stated in the decision.
• Outcome: Appeal dismissed with prejudice for lack of jurisdiction.
• Key point: The EAB cannot review an appeal that raises no federally appealable issue.

Full text (EPA EAB public release)

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

)
In re: )
)
Clayton Chemical Acquisition, L.L.C. ) RCRA Appeal No. 98-1 d/b/a Resource Recovery Group, L.L.C. ) )
)

ORDER DISMISSING APPEAL

Petitioner Clayton Chemical Acquisition, L.L.C. d/b/a

Resource Recovery Group, L.L.C. ("RRG") and U.S. EPA Region 5

have jointly moved the Environmental Appeals Board to dismiss the

above-captioned petition for review for lack of jurisdiction.

Specifically, the movants jointly represent that:

U.S. EPA and RRG agree that the appeal submitted by RRG on February 27, 1998, should be dismissed because the appeal does not raise any federally appealable issues and therefore the Environmental Appeals Board * * * lacks jurisdiction to review the appeal.

Joint Motion to Dismiss at 1.

Given RRG’s acknowledgment that the Board lacks jurisdiction

over this matter, the Board hereby grants the parties’ joint motion to dismiss. RCRA Appeal No. 98-1 is, accordingly,

dismissed with prejudice in its entirety.

So ordered.

ENVIRONMENTAL APPEALS BOARD

By: /s/
Ronald L. McCallum
Environmental Appeals Judge

Dated: 4/28/98

2
 CERTIFICATE OF SERVICE

I hereby certify that, on the date indicated below, copies of the foregoing Order Dismissing Appeal in the matter of Clayton Chemical Acquisition, L.L.C. d/b/a Resource Recovery Group, L.L.C., RCRA Appeal No. 98-1, were sent to the following persons in the manner indicated:

By first-class mail: Brad J. Beeson, Esq.
Assistant Regional Counsel
U.S. EPA, Region 5
Mail Code C-14J
77 W. Jackson Boulevard
Chicago, IL 60604

Sheldon D. Korlin, Esq.
P.O. Box 7052
Chesterfield, MO 63006

Mary Gade, Director
Illinois Environmental Protection
Agency
1021 North Grand Avenue East
Springfield, IL 62794

/s/
Annette Duncan
Secretary

Dated: 4/28/98