ATTORNEY Bradley O’Brien of the U.S. Department of Justice-Environmental Enforcement Section has filed a notice of withdrawal from representing the U.S. Environmental Protection Agency in the federal court’s stipulated orders for Commonwealth Utilities Corp. projects.
O’Brien, who has been representing USEPA in the case since 2010, filed the notice on Tuesday but did not state any reason for his withdrawal.
His last request to the court was to approve and authorize payments totaling $274,649.42 to Gilbane Federal, the court-appointed Engineering and Environmental Management Company or EEMC, for stipulated order projects last Nov. 20.
In that request, O’Brien said $193,882.44 will be paid by grant funding and the remaining $80,766.98 will be paid by the Court Registry Investment Account.
Recently, Designated Judge David O. Carter modified the funding ceiling for CUC projects as requested by USEPA and CUC.
In November 2008, after USEPA cited CUC for violating the Clean Water Act and the Safe Drinking Water Act, the federal court issued Stipulated Orders 1 and 2.
SO1 focuses on drinking water issues while SO2 focuses on oil issues, such as requiring CUC to repair and replace oil storage and operation infrastructure, manage tank and pipeline facilities, and require spill and emergency response equipment and protocols.
On Sept. 26, 2014, the court entered an EEMC order to resolve the federal government’s motion seeking a receiver and other relief.
