Reynolds v. Allegheny Rodney, 2001-CAA-12 (ALJ Aug. 13, 2001)

U.S. Department of Labor

Office of Administrative Law Judges John W. McCormack Post Office & Courthouse - Room 507 Post Office Square Boston, MA 02109 (617) 223-9355 (617) 223-4254 (FAX)

Issue date: 13Aug2001

CASE NO.: 2001-CAA-00012

In the Matter of

DIANE REYNOLDS
    Complainant

    v.

ALLEGHENY RODNEY
    Respondent

   In this matter, which arises under the Federal Water Pollution Control Act ("FWPCA"), 33 U.S.C. §1367, the parties have submitted a Notification of Full Settlement and Dismissal of Complaint with Prejudice which appears to meet the terms of Fed.R.Civ.P. 41(a)(1)(ii). Accordingly, the complaint in this matter is dismissed with prejudice.¹

SO ORDERED.

       Daniel F. Sutton
       Administrative Law Judge

Boston, Massachusetts
DFS:dmd

¹ Although the complaint initially referenced the employee protection provisions of several environmental statutes including the Clean Air Act, , 42 U.S.C. §7622, which requires approval of any settlement agreement by the Secretary of Labor; see Beliveau v. U.S. Department of Labor, 170 F.3d 83, 88 (1st Cir. 1999); the investigative findings of the OSHA Area Director were limited to the FWPCA, and the parties have stipulated that the complaint and their settlement arise solely under the FWPCA which does not require such approval. See Dorsey v. Greenbriar County Public Service District #2, USDOL/OALJ Reporter (HTML), ARB Case No. 97-128, OALJ No. 1996-WPC-3 (ARB September 29, 1997).