Filers may submit documents electronically with the Environmental Appeals Board (EAB) as authorized by the Board’s Standing Orders concerning electronic filing (available on the Board’s website at www.epa.gov/eab), in the manner specified below. Additional information may be found in the Board's FAQs. Electronic filing of a document does not relieve the filer of the obligation to serve that document on other parties. Paper filing of documents remains available to those who do not wish to file electronically.
WARNING: Any document uploaded onto this electronic filing system will be available to the public online. DO NOT UPLOAD any confidential business information. The Board will consider any claim of confidentiality for any business information to be waived if such information is uploaded using this system. Additionally, DO NOT UPLOAD other private information the disclosure of which would constitute an unwarranted invasion of any person’s privacy (for example: social security numbers, birthdates, medical records, personal financial information or other private information). For information on how to file confidential business information or other private materials please contact the Clerk of the Board<firstname.lastname@example.org>, 202-233-0122.
Documents filed electronically must be received by 11:59 pm Eastern Time on the day the document is required to be filed with the Board to be considered timely filed.
How to File Documents Electronically:
The EAB uses the EAB eFiling System to receive official filings electronically in lieu of paper filings. Sending a document directly to the Board via e-mail, rather than through the EAB eFiling System, does not constitute electronic filing unless otherwise specified by the Board.
All documents filed electronically must be submitted in portable document format (PDF). All attachments filed in support of a brief, motion, or other document must be submitted using the “attachment” link in the EAB eFiling System. Litigants filing attachments that they want to be viewed in color should either provide the Board with a hard copy of the color document or electronically file a scanned color copy.
To file documents electronically, follow these steps:
- ˇ Register with EPA’s eFiling Login/Registration system. [All persons who previously filed documents electronically using the EPA’s Central Data Exchange (CDX) will need to register with the EPA’s eFiling Login/Registration system prior to filing with the EAB’s eFiling System.] NOTE: Because registration can take 1-2 business days to complete, users are encouraged to register well in advance of filing deadlines.
- ˇ Log in to the EAB eFiling System
ˇ Complete the submission form, locate your main document (i.e., petition, appeal brief, response brief, motion, etc.) file, and upload your main document by clicking “Submit.”
The use of the EAB eFiling System fulfills the signature requirement for all purposes under the relevant regulations governing the case that is being appealed. The full name of the person making the filing should be typed or printed below the signature line of the electronically filed document.
Identical Paper Copy Requirement for Documents Longer than 50 Pages:
If a document that is filed electronically is longer than 50 pages, exclusive of the certificate of service, table of contents, and table of authorities, the filing entity must deliver by hand, courier, or commercial delivery service, or place in the U.S. mail, an identical paper copy of that document within one business day of the date of electronic filing. If the combined page length of all of the attachments submitted in support of a brief or motion exceeds 50 pages, the requirement to submit a paper copy, and its timing, applies to the entire set of attachments.
The Board may exclude from the record any electronically filed document, or set of exhibits or attachments, exceeding 50 pages in length if a paper copy is not sent by U.S. mail or delivered by hand, courier, or commercial delivery service to the Board within one business day of the electronic filing.
For purposes of this requirement only, if the paper copy is sent via U.S. mail, the timeliness of the submission will be determined by the postmark. If the paper copy is delivered by courier or commercial delivery service, the timeliness of the submission will be determined by the verified time when the courier or commercial delivery service took possession of the document. If a document is delivered by hand, the timeliness of the submission will be determined by the date stamp placed on the document when it is received by the Board.
Certification Requirement for Identical Paper Copy Submission
Any paper copy submitted subsequent to an electronic filing must be accompanied by a signed certification stating that it is identical to the filed electronic copy. The signature should be in blue ink.
Sample certification language:
I certify that the foregoing Notice of Appeal and Appeal Brief are identical copies of the Notice of Appeal and Appeal Brief electronically filed in this case with the Environmental Appeals Board on February 3, 2010.
Technical Assistance and Assumption of Risk:
If you are experiencing problems with access to the electronic filing system (login and password issues), you may call the EPA Help Desk at 1-866-411-4372, and select option 3 (for EZ Tech) when prompted. If the problem is caused by a system malfunction and the EPA Help Desk is unable to resolve the problem, you should promptly notify the Clerk of the Board, Eurika Durr (Clerk_EAB@epa.gov or (202) 233-0122) and make alternative filing arrangements. For any other technical problems you experience while electronically filing documents, or for assistance with filing, you may contact the Clerk of the Board, Eurika Durr (Clerk_EAB@epa.gov or (202) 233-0122). If you are experiencing problems with the electronic filing system after 4:30 p.m. Eastern Time, when the Clerk’s office closes, you should notify the Clerk on the next business day and provide any supporting evidence of the problem, such as a copy of an error message or screen print of an error page. The Board will verify reported outages of the electronic filing system.
At all times, any person filing electronically assumes the risk of all errors not solely attributable to a malfunction of the EAB eFiling System that may result in the inability to complete an electronic transmission.