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Environmental Appeals Board

* * * COVID-19 INFORMATION * * *

Environmental Appeals Board (“EAB”) personnel are working remotely given current federal guidance concerning COVID-19. As such, we are unable to receive filings and correspondence sent by mail or hand delivery. We encourage all parties to utilize the EAB’s electronic filing system accessible on our website: www.epa.gov/eab (Click on "Electronic Filing" Link in the left margin). Effective immediately, the EAB is suspending our requirement to submit an identical paper copy of any electronically filed document that is longer than 50 pages within one business day. Parties will be notified when the documents are required to be submitted. If you must submit something in hard copy form through the mail or by hand delivery, please notify the Clerk of the Board by email at Clerk_EAB@epa.gov, specifying the name of the filings or correspondence you sent through the mail or by hand delivery and the date it was sent. Thank you.

In September 2020, the Board issued a Revised Order Authorizing Electronic Service of Documents in Permit and Enforcement Appeals.

Notice: On June 11, 2021, the Agency published a final rule rescinding most of a 2020 rule that altered the internal organization and procedures of the Environmental Appeals Board. This rule revises the permit appeals process to restore its regulations to those that existed prior to 2020. The rule is effective immediately. More Information is available here: Regulations Governing Appeals (Including recent procedural changes).

Notice: Appointment of Emilio Cortes as Clerk of the Environmental Appeals Board.

The U.S. Environmental Protection Agency's Environmental Appeals Board is an appellate tribunal established by regulation to hear administrative appeals under all major environmental statutes that EPA administers. Located in Washington, DC, 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 of 1980 (CERCLA). The Board’s Environmental Appeals Judges sit in panels of three and make decisions by majority vote. Eight attorneys and two administrative professionals provide support to the judges.

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, with a significant number of judges, attorneys, environmental specialists, local, state and federal government officials, and civil society organizations. The Board has conducted training for judges from 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:
Internship Opportunities: Click here for information on law student internship/externship opportunities with the Board.

Recent Board Actions

Order DateCitationAppeal No.Case Name
06/17/2022   Slip Opinion  NPDES 21-03  City of Keene
05/06/2022   18 E.A.D. 678  NPDES 20-09  Ocean Era, Inc.
05/06/2022   18 E.A.D. 678   NPDES 20-08  Ocean Era, Inc.
04/19/2022   Unpublished Final Order  TSCA 22-01Q  Vorbeck Materials
02/08/2022   18 E.A.D. 575  RCRA 21-01  General Electric Company
02/07/2022   Unpublished Final Order  CAA 22-01C  3M Company
01/13/2022   Unpublished Final Order  CWA 21-(02)  A.B.E.F. Development Corp. and Herminio Cotto Construction, Inc.
01/10/2022   18 E.A.D. 572  CAA 21-04  AJAX Materials Corporation
12/17/2021   Unpublished Final Order  NPDES 21-04  City of Marlborough Westerly Wastewater Treatment Facility
12/15/2021   Unpublished Final Order  TSCA 21-04C  Avantor Performance Materials LLC

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