The EAB's caseload consists primarily of appeals from permit decisions and civil penalty decisions.  The EAB has authority to hear permit and civil penalty appeals in accordance with regulations delegating this authority from the EPA Administrator.  Appeals from permit decisions made by EPA's Regional Administrators (and in some cases, state permitting officials) may be filed either by permittees or other interested persons.  A grant of review of a permit decision is at the EAB's discretion.  Permit appeals are governed primarily by procedural regulations at 40 C.F.R. Part 124.  Appeals of civil penalty decisions made by EPA's administrative law judges may be filed, as a matter of right, either by private parties or by EPA.  Penalty appeals are governed primarily by procedural regulations at 40 C.F.R. Part 22.

A substantial additional portion of the EAB's caseload consists of petitions for reimbursement of costs incurred in complying with cleanup orders issued under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA).  The EAB decides these matters pursuant to a delegation of authority from the Administrator.  The EAB is also authorized to hear appeals from various administrative decisions under the Clean Air Act's acid rain program at 40 C.F.R. Part 78 and appeals of federal Clean Air Act Title V operating permits issued pursuant to 40 C.F.R. Part 71.

The Board's fax number is (202) 233-0121.

All documents that are sent through the U.S. Postal Service (except by Express Mail) MUST be addressed to the EAB's mailing address, which is:

U.S. Environmental Protection Agency
Clerk of the Board, Environmental Appeals Board (MC 1103B)
Ariel Rios Building
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460-0001

b.  Hand Delivery Address

Documents that are hand-carried in person, delivered via courier, mailed by Express Mail, or delivered by a non-U.S. Postal Service carrier (e.g., Federal Express or UPS) MUST be delivered to:

U.S. Environmental Protection Agency
Clerk of the Board, Environmental Appeals Board
Colorado Building
1341 G Street, N.W., Suite 600
Washington, D.C. 20005

NOTE:  For additional mailing requirements regarding specific types of appeals, see Questions (20), (21), and (22), below.

CERCLA § 106(b) provides that a claim for reimbursement of costs incurred in complying with an order issued under CERCLA § 106(a) must be filed "within 60 days after completion of the required action." For the purpose of determining a petitioner's compliance with that deadline, the Board will look to the postmark date if the petition is sent to the Board by certified mail, or to the date of actual receipt by the Board if the petition is sent by any other means.

As previously stated, documents may be filed by hand-delivery with the Clerk of the Environmental Appeals Board only from 8:30 a.m. to 12:00 p.m. and from 1:00 p.m. to 4:30 p.m. Eastern Time Monday through Friday (excluding Federal holidays).

NOTE: Mail sent to the Environmental Protection Agency via the U.S. Postal Service may be delayed by a random sterilization procedure applied to mail delivered to the federal government. Parties are encouraged to utilize the Board’s e-filing system or non-U.S. Postal Service carriers and the Board's hand-delivery address when filing pleadings with the Board.

Additional Mailing Requirements - Case Name and Case Identifier on Envelope or Outside Packaging

Any envelope or other packaging containing documents sent to the EAB's mailing address or hand-delivery address, as prescribed above in Question (3), should bear a complete and accurate return address in the upper left hand corner.  The envelope or packaging should also clearly state the case name and case identifier in the lower left hand corner.

In all instances, if an appeal has already been filed with the Clerk of the Board, the case name and case identifier are the name and appeal number assigned to the matter by the Clerk.  If an appeal has not yet been filed, state the name of the permittee or facility and the permit number (e.g., NPDES Permit No. ID-0000-00).

NOTE:  Other filing requirements are contained in the Environmental Appeals Board's Practice Manual. [226 KB]

Additional Mailing Requirements - Case Name and Case Identifier on Envelope or Outside Packaging

Any envelope or other packaging containing documents sent to the EAB's mailing address or hand-delivery address, as prescribed above in Question (3), should bear a complete and accurate return address in the upper left hand corner.  The envelope or packaging should also clearly state the case name and case identifier in the lower left hand corner.

In all instances, if an appeal has already been filed with the Clerk of the Board, the case name and case identifier are the name and appeal number assigned to the matter by the Clerk.  If an appeal has not yet been filed, state the name of the non-EPA party and the docket number (e.g., Dkt. No. CWA-02-0000) of the proceeding below.

NOTE:  Other filing requirements are contained in the Environmental Appeals Board's Practice Manual. [226 KB]

Additional Mailing Requirements - Case Name and Case Identifier on Envelope or Outside Packaging

Any envelope or other packaging containing documents sent to the EAB's mailing address or hand-delivery address, as prescribed above in Question (3), should bear a complete and accurate return address in the upper left hand corner.  The envelope or packaging should also clearly state the case name and case identifier in the lower left hand corner.

In all instances, if a petition has already been filed with the Clerk of the Board, the case name and case identifier are the name and petition number assigned to the matter by the Clerk.  If a petition has not yet been filed, state the name of the clean-up site.

NOTE:  Other filing requirements are contained in the Environmental Appeals Board's Practice Manual. [226 KB]

A schedule of oral arguments and their location may be obtained on this website under the heading "Upcoming Oral Arguments" or from the Clerk of the Board.

Unless indicated otherwise, oral arguments take place in the EPA's Administrative Courtroom, U.S. Environmental Protection Agency, EPA East Building, Room 1152, 1201 Constitution Avenue, N.W., Washington, D.C. Those wishing to attend a particular argument must contact the Clerk of the Board at least 2 weeks before oral argument in order to gain access to the hearing room. The Clerk of the Board can be reached either by email or by calling (202) 233-0122

Most cases are decided without oral argument, based on the administrative record and on written briefs submitted by the parties. However, an oral argument may be scheduled, on motion by any party or at the Board's initiative, where the Board decides that it will assist in decision making. Oral arguments are open to the public.

In re Amoco Oil Co., 4 E.A.D. 954 (EAB 1993)

An example of a citation to a specific page of that opinion is as follows:

In re Amoco Oil Co., 4 E.A.D. 954, 956 (EAB 1993)

Examples of citations to opinions that were published in Volume 3, and that were issued by the Chief Judicial Officer and the Administrator, are:

In re Boliden-Metech, Inc., 3 E.A.D. 439 (CJO 1990)

In re Cecos International, Inc., 3 E.A.D. 77 (Adm'r 1990)

The Board has adopted a form of citation for opinions that have not yet been published in the E.A.D. The form of citation indicates the Board's appeal number, the decisionmaker, the complete date of the decision (including month and day), and the number of the volume in which the opinion will appear when it is published. An example of a citation to such an EAB opinion is as follows:

In re Beeland Group, LLC,UIC Appeal Nos. 08-01, 08-02, & 08-03 (EAB, Oct 3, 2008), 13 E.A.D. ___ .

An example of a citation to a specific page of that opinion is as follows:

In re Beeland Group, LLC,PSD Appeal Nos. 08-01, 08-02, & 08-03, slip op. at 3 (EAB, Oct. 3, 2008), 13 E.A.D. ___ .

• Clean Air Act
• Clean Water Act
• Comprehensive Environmental Response, Compensation, and Liability Act
• Emergency Planning and Community Right-to-Know Act
• Federal Insecticide, Fungicide, and Rodenticide Act
• Marine Protection, Research, and Sanctuaries Act
• Solid Waste Disposal Act (RCRA)
• Safe Drinking Water Act
• Toxic Substances Control Act

Judge Edward E. Reich served as Legal Advisor to the Administrator, and as Acting Assistant Administrator and Deputy Assistant Administrator in EPA's Office of Enforcement. As Deputy Assistant Administrator, he was the senior career officer in the Office of Enforcement responsible for managing EPA's environmental enforcement litigation.

Judge Charles J. Sheehan served as Regional Counsel for EPA Region 6. He also served as Region 6 Deputy Regional Counsel for Enforcement. Before joining EPA, he held various trial attorney positions at the U.S. Department of Justice, including nine years in the Environment and Natural Resources Division. Chuck also served as the first General Counsel of the U.S.-Mexico Border Environment Cooperation Commission, which helps design, promote and fund infrastructure projects to enhance human health and the environment in the border region.

Judge Kathie A. Stein served as Director of EPA's RCRA and Air Enforcement divisions within the Office of Enforcement and Compliance Assurance and as Acting Regional Counsel for EPA Region III. Before joining EPA, she held positions with the U.S. Department of Justice, the Environmental Defense Fund, and the Maryland Attorney General's Office, and engaged in the private practice of law.

Judge Anna L Wolgast served as EPA's Principal Deputy General Counsel. She also served as the Deputy Chief of the Environmental Defense Section and as a senior counsel in the Environmental Enforcement Section of the Environment and Natural Resources Division of the U.S. Department of Justice.