The Secretary, in turn, has delegated to the ARB her authority to approve settlements of cases that are pending before the Board at the time the parties enter into the settlement. Secretary's Order 2-96, 61 Fed. Reg. 19978 (May 3, 1996); 29 C.F.R. §24.8.
The ARB requires all parties requesting settlement approval of cases arising under the CAA and TSCA to provide the settlement documentation for any other claims arising from the same factual circumstances forming the basis of the federal claim, or to certify that the parties entered into no other such settlement agreements. Beliveau v. Naval Undersea Warfare Center, ARB Nos. 00-073, 01-017, 01-019; ALJ Nos. 97-SDW-1, 97-SDW-4, 97-SDW-6; slip. op. at 2 ( ARB Nov. 30, 2000). Accordingly, the parties have certified that the agreement constitutes the entire and only settlement agreement with respect to Jones' claims under the environmental acts at issue in this case. Settlement Agreement at 4, ¶ 15.
We find the overall settlement terms to be reasonable, but include our interpretation of one of its provisions. Paragraph 12 of the agreement provides that the agreement "shall be interpreted in accordance with the laws of the state of Utah." We construe this provision to except the authority of the Administrative Review Board and any Federal court which shall be governed in all respects by the laws and regulations of the United States. Pawlowski v. Hewlett-Packard Co., ARB No. 99-089, ALJ Case No. 97-TSC-3, slip op. at 3 (ARB May 5, 2000).
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As so construed, we find the agreement is a fair, adequate and reasonable settlement of the complaint. Accordingly, we APPROVE the agreement and DISMISS the case with prejudice.
SO ORDERED.
PAUL GREENBERG
Chair
CYNTHIA L. ATTWOOD
Member
[ENDNOTES]
1 This appeal has been assigned to a panel of two Board members, as authorized by Secretary's Order 2-96. 61 Fed. Reg. 19,978 §5 (May 3, 1996).
2 The SWDA does not require the Secretary to approve a settlement.