Appeal No. 99-148

 

Date of Discontinuance of Proceedings - October 22, 1999


IN THE MATTER OF Sections 84, 85, and 87 of the Environmental Protection and Enhancement Act, (S.A. 1992, ch. E-13.3 as amended);

-and-

IN THE MATTER OF an appeal filed by Pentastar Transportation Ltd. with respect to the refusal by Mr. David Lloyd, Director, Parkland Region, Alberta Environment to issue a Reclamation Certificate.

 

Cite as: Pentastar Transportation Ltd. v. Director, Parkland Region, Alberta Environment re: Pentastar Transportation Ltd.

 

TABLE OF CONTENTS

BACKGROUND 1
DECISION 2

 

BACKGROUND

[1] On September 15, 1999, the Environmental Appeal Board (Board) received a Notice of Appeal dated September 15, 1999 from Mr. Philippe C. Lefebvre of Shtabsky & Tussman, on behalf of his client Pentastar Transportation Ltd. (Appellant) with respect to the refusal by the Director, Parkland Region, Alberta Environment to issue a Reclamation Certificate to Pentastar Transportation Ltd.

[2] On September 16, 1999 the Board acknowledged receipt of the Notice of Appeal from Mr. Lefebvre and, at that time requested a copy of all correspondence, documents, and materials relative to the appeal from the Department.

[3] According to standard practice, on September 16, 1999, the Board wrote to the Natural Resources Conservation Board (NRCB) and the Alberta Energy and Utilities Board (AEUB) asking whether this matter had been the subject of a hearing or review under their respective Boards' legislation. Replies were subsequently received from the NRCB on September 21, 1999 and the AEUB on September 29, 1999 stating that they did not hold any hearing or review under their respective legislation.

[4] On October 20, 1999, the Board received a letter dated October 13, 1999 from Mr. Lefebvre stating:

"We would advise you that we have been instructed not to proceed with the appeal at this time".

[5] On October 21, 1999, the Board received a further letter dated October 21, 1999 from Mr. Lefebvre stating:

"Further to our most recent discussion in relation to this matter, we would advise you that our client will not be proceeding with this appeal".

 

DECISION

[6] Pursuant to Section 87(7) of the Environmental Protection and Enhancement Act, and based on Mr. Lefebvre's letter of October 21, 1999, the Board hereby discontinues its proceedings in Appeal No. 99-148 and will be closing its file.

Dated October 22, 1999 at Edmonton, Alberta

Dr. William A. Tilleman

 

home back to decisions