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Environmental Appeals Board

* * * NOTICE * * *

All 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.

The U.S. Environmental Protection Agency's Environmental Appeals Board is the final decision maker on 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 four 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
03/26/2020 18 E.A.D.___UIC 19-02Muskegon Development Company
03/06/2020 Unpublished Final OrderRCRA 19-01Vickery Environmental, Inc.
03/05/2020 Unpublished Final OrderSDWA 20-(01)Diamond 3S, LLC
03/05/2020 18 E.A.D.___CAA 18-01 and .....Taotao USA, Inc. Taotao Group Co.
03/03/2020 Unpublished Final OrderTSCA 20-01QRockland Industries, Inc.
02/25/2020 Unpublished Final OrderCAA 20-01CPenn Tank Lines, Inc.
02/18/2020 Unpublished Final OrderTSCA 20-02CStratasys, Inc.
01/24/2020 Unpublished Final OrderNPDES 19-01Hecla Limited Lucky Friday Mine
01/22/2020 Unpublished Final OrderNPDES 19-07American Samoa Power Authority
01/14/2020 Unpublished Final OrderTSCA 20-01CDetroit Renovations LLC and Nicole Curtis

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