Bickford, Inc. (Board decision, November 4, 1997)

Plain-English summary

EPA Region V moved to withdraw its appeal because it determined that continuing the appeal was no longer in the Agency's best interest in light of the EAB's decision in In re Lazarus, Inc. The Board found good cause, granted the motion, and dismissed the appeal. The October 18, 1995 Initial Decision became the Board's final order, and Bickford was directed to pay the penalty assessed in that decision.

Decision snapshot

• Cited authorities: None stated in the decision.
• Outcome: EPA's appeal was withdrawn and dismissed; the ALJ's Initial Decision became the final order of the Board.
• Key point: Withdrawal of the appeal left the ALJ's penalty decision as the final order.

Full text (EPA EAB public release)

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

In the Matter of:
Bickford, Inc.
TSCA Appeal No. 95-7
Docket No. TSCA-V-C-6052-92

ORDER DISMISSING APPEAL

On November 3, 1997, U.S. EPA Region V filed a Motion to

Withdraw Appeal in the above-captioned matter. The Region states

that it "has determined that pursuit of the appeal is no longer in

the best interest of the Agency" in light of the Environmental

Appeals Board's decision in In re Lazarus, Inc., TSCA Appeal No.

95-2 (EAB, Sept. 30, 1997), 7 E.A.D. ___ .

For good cause shown, the Region's Motion to Withdraw Appeal

is granted and the appeal in this matter is hereby dismissed. As

of the date of this Order Dismissing Appeal, the October 18, 1995

Initial Decision of Administrative Law Judge Vanderheyden shall

become the final order of the Board. Respondent must remit

payment for the penalty assessed in accordance with the Initial

Decision.

So ordered.

ENVIRONMENTAL APPEALS BOARD

By: [illegible signature]
Kathie A. Stein
Environmental Appeals Judge
Dated:

CERTIFICATE OF SERVICE

I hereby certify that copies of the foregoing Order

Dismissing Appeal in the Matter of Bickford, Inc., TSCA Appeal

No. 95-7, were sent to the following persons in the manner

indicated.

Certified Mail
Fred D. Hollenbeck
Return Receipt Requested Curran, Hollenbeck & Orton
(and copy by facsimile)
111 Oak Street
P.O. Box 140
Mauston, WI 53948
(608) 847-4155 (fax)

Robert Guenther
Assistant Regional Counsel
U.S. EPA - Region V
77 West Jackson Boulevard
(CA-29A)
Chicago, IL 60604-3590
(312) 353-8937 (fax)

Dated: NOV 4 1997
Mildred T. Johnson
Secretary