Goodnight Midstream Bakken, L.L.C. (Board decision, August 6, 2019)

Plain-English summary

The Mandan, Hidatsa and Arikara Nation petitioned for review of an Underground Injection Control permit that EPA Region 8 issued to Goodnight Midstream Bakken, L.L.C. The permit authorized construction and operation of a saltwater disposal well in Dunn County, North Dakota. During a stay of the proceeding, the permittee obtained termination of the permit, and Region 8 told the permittee that the permit had expired and that a new permit would be required for any future well. The Nation then withdrew its petition, and the EAB dismissed the appeal as moot.

Decision snapshot

• Cited authorities: None stated in the order.
• Outcome: The Nation's withdrawal was granted, and the permit appeal was dismissed as moot.
• Key point: An appeal of an expired permit may become moot, allowing the EAB to grant withdrawal and dismiss the proceeding.

Full text (EPA EAB public release)

F I L E D
Aug 06 2019
Clerk, Environmental Appeals Board

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

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In re:
Goodnight Midstream Bakken, L.L.C.
UIC Permit No. ND22349-11250

UIC Appeal No. 19-01

ORDER GRANTING WITHDRAWAL OF PETITION
The Mandan, Hidatsa and Arikara Nation (“the Nation”) has petitioned for review of an Underground Injection Control permit issued by U.S. Environmental Protection Agency, Region 8, to Goodnight Midstream Bakken, L.L.C. The permit authorized Goodnight Midstream Bakken to construct and operate a saltwater disposal well, known as Red Murphy SWD No. 1, in Dunn County, North Dakota. Shortly after submission of the petition, the Nation and the Goodnight Midstream Bakken entered negotiations concerning the disputed permit and sought a stay in this proceeding. Region 8 did not oppose the stay request. The Board granted a stay for 90 days, and later extended the stay for another 60 days. Order Granting Joint Motion for Stay of Proceedings (Mar. 28, 2019); Order Granting Joint Motion for Extension of Stay (June 25, 2019). At the conclusion of the extended stay, the Nation notified the Board that Goodnight Midstream Bakken had requested and received termination of the permit for Red Murphy SWD No. 1 well from Region 8. Unopposed Motion to Dismiss Appeal as Moot (Aug. 2, 2019). The Nation has submitted a copy of an August 1, 2019, letter from Region to Goodnight Midstream Bakken stating that the permit has “expired,” and that “if in the future Goodnight Midstream 1

would like to construct and operate a well at this site, it must re-apply for a permit.” Id. attach. 1 (Letter from Sarah Bahrman, Region 8, U.S. EPA, to Patrick Walker, CEO, Goodnight Midstream Bakken, L.L.C. (Aug. 1, 2019)). Accordingly, the Nation has asked to withdraw its petition for review of the now expired permit as that petition has become moot. We hereby grant the Nation’s motion to withdraw its petition and dismiss this permit appeal. So ordered.1 ENVIRONMENTAL APPEALS BOARD Dated: August 6, 2019

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By: ________
Kathie A. Stein
Environmental Appeals Judge

The three-member panel deciding this matter is composed of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein. 2

CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing Order Granting Withdrawal of Petition in the matter of Goodnight Midstream Bakken, LLC, UIC Appeal No. 19-01, were sent to the following persons in the manner indicated: By First Class U.S. Mail: Attorney for Petitioner Peter Breuer Fredericks Law Firm 10541 Racine Street Commerce City, CO 80022 Attorneys for Permittee Carolyn L. McIntosh Darin J. Smith Squire Patton Boggs (US) LLP 1801 California Street, #4900 Denver, CO 80202 By EPA Pouch Mail: Attorneys for Region 8 Lucita Chin Senior Assistant Regional Counsel U.S. Environmental Protection Agency 1595 Wynkoop Street Mail Code: 8RC Denver, CO 80202 Pooja Parikh Office of General Counsel, U.S. Environmental Protection Agency 1200 Pennsylvania Ave., NW (Mail Code: 2355A) Washington, D.C. 20460

Dated: August 6, 2019

Annette Duncan
Administrative Specialist