Michigan Potash Operating, LLC (Board decision, July 30, 2025)

Plain-English summary

Michigan Potash Operating, LLC held six Underground Injection Control permits issued by EPA Region 5. On July 29, 2025, EPA Region 5 notified the Environmental Appeals Board that it was unilaterally withdrawing the permits in their entirety under 40 C.F.R. § 124.19(j). Because the withdrawal eliminated the live dispute, the Board dismissed the petition for review as moot. The order did not decide the merits of the permit challenge.

Decision snapshot

• Cited authorities: 40 C.F.R. § 124.19(j)
• Outcome: The petition for review was dismissed as moot after EPA Region 5 withdrew the six captioned permits.
• Key point: Withdrawal of the challenged permits can eliminate the live dispute and end an EAB appeal without a merits decision.

Full text (EPA EAB public release)

                                                                        F I L E D
                                                                            Jul 30, 2025
                                                                       Clerk, Environmental Appeals Board
                                                                       INITIALS ________________________
                 ENVIRONMENTAL APPEALS BOARD
        UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.


                                            )

In re Michigan Potash Operating, LLC )
) UIC Appeal No. 25-02
Permit Nos. MI-133-1I-0004, MI-133-1I- ) 0005, MI-133-1I-0006, MI-133-1I-0007, ) MI-133-1I-0009, and MI-107-1I-0005 )
)

           ORDER DISMISSING PETITION FOR REVIEW AS MOOT

   On July 29, 2025, EPA Region 5 notified the Board that it is unilaterally withdrawing the

captioned permits issued to Michigan Potash Operating, LLC in their entirety pursuant to

40 C.F.R. § 124.19(j). In light of this withdrawal, the Board dismisses the petition for review in

this matter as moot.

   So ordered.1


                                                 ENVIRONMENTAL APPEALS BOARD

Dated: July 30, 2025 By: ________
Ammie Roseman-Orr
Environmental Appeals Judge

   1
    The three-member panel deciding this matter is composed of Environmental Appeals

Judges Aaron P. Avila, Mary Kay Lynch, and Ammie Roseman-Orr. CERTIFICATE OF SERVICE

   I certify that copies of the foregoing Order Dismissing Petition for Review as Moot in the

matter of Michigan Potash Operating, LLC, UIC Appeal No. 25-02, were sent to the following persons in the manner indicated:

By Email:

Counsel for Petitioner: Counsel for EPA: Carrie La Seur Mark Koller Flow Water Advocates Associate Regional Counsel [email protected] Office of Regional Counsel
U.S. EPA, Region 5
Counsel for Permittee: [email protected] Brent Chicken Steptoe & Johnson PLLC Dawn Messier [email protected] Acting Associate General Counsel
Office of General Counsel
Skipp Kropp Water Law Office Steptoe & Johnson PLLC [email protected] [email protected]
Carrie Wehling
Dallas Kratzer Assistant General Counsel Steptoe & Johnson PLLC Office of General Counsel [email protected] Water Law Office
[email protected]

      Jul 30, 2025

Dated: ____ ______
Tommie Madison
Clerk of the Board