Environmental Appeals Board

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***NOTICE ABOUT E-FILING*** We encourage all parties to utilize the Environmental Appeal Board’s electronic filing system accessible on our website: www.epa.gov/eab (Click on "Electronic Filing" Link in the left margin). As a reminder, the EAB has suspended its requirement to submit an identical paper copy of any electronically filed document that is longer than 50 pages within one business day. Further, the Board’s September 2020 Revised Order Authorizing Electronic Service of Documents in Permit and Enforcement Appeals remains in effect.

Notice: This year marks the Environmental Appeals Board’s 30th anniversary. To commemorate this significant milestone, Deputy Administrator Janet McCabe, former EPA Administrator William K. Reilly, and former Environmental Appeal Judges Scott Fulton and Leslye Fraser participated in a session that highlighted the Board’s 30-year history. This exchange is memorialized in the following video: https://youtu.be/slpvmcuhGbw. The Environmental Appeals Board is an appellate tribunal established by regulation to hear administrative appeals under all major environmental statutes that EPA administers. The Board is an impartial tribunal independent for substantive purposes of all Agency components outside the Immediate Office of the Administrator. The Board’s caseload consists primarily of appeals from permit decisions and administrative civil penalty decisions, as well as petitions for reimbursement of costs incurred in complying with cleanup orders issued under the Comprehensive Environmental Response, Compensation, and Liability Act. The Board’s Environmental Appeals Judges sit in panels of three and make decisions by majority vote. Alternative Dispute Resolution: The Board offers an Alternative Dispute Resolution (ADR) Program to assist parties in resolving disputes before the Board. The Board’s ADR Program offers parties the option of participating in ADR with the assistance of one of the Board’s Judges acting as a neutral evaluator/mediator. The ADR Program has been successful in assisting the parties in achieving a fast resolution of issues, with satisfying and enduring solutions. Sharing the Board’s expertise on Environmental Adjudication: The Board also serves as a repository of expertise within the federal government on environmental administrative adjudication. Judges and attorneys on the Board have provided training and shared their expertise on environmental adjudication, both domestically and internationally, including in Asia, Central and South America, Eastern Europe, and the Middle East. Information for Filers: For more information on how to file with the Board or the applicable regulations, click on the following links: · E-filing Information and Instructions · Regulations Governing Appeals · EAB Practice Documents · Standing Orders and Procedures Internship Opportunities: Click here for information on law student internship/externship opportunities with the Board. Recent Board Actions Order Date Citation Appeal No. Case Name 02/17/2023    Unpublished Final Order    CAA 23-03C    BMP International, Inc., IGas USA Inc., and Scales N Stuff, Inc 01/26/2023    Unpublished Final Order    TSCA 22-(06)    Greenbuild Design & Construction LLC 01/20/2023    Unpublished Final Order    23-02C    Artsen Chemical America, LLC CAA 23-02C 01/11/2023    Unpublished Final Order    23-01C    Harp USA, Inc 23-01C 12/28/2022    18 E.A.D. 797    NPDES 22-01    U.S. Department of Energy and Triad National Security, LLC 12/21/2022    Unpublished Final Order    CAA 22-(03)    Greasy Greg’s, LLC, Posey’s Mech-Elec Repair, LLC, and Greg S. Posey, 12/21/2022    Unpublished Final Order    MM 22-01C    Univar Solutions USA Inc 12/09/2022    Unpublished Final Order    CERCLA 22-01 and .....    In re Susan Shultz 12/08/2022    Unpublished Final Order    RCRA 3008 22-03C    TForce Freight, Inc 11/08/2022    Unpublished Final Order    TSCA 22-05C    LG Energy Solution Michigan, Inc