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Environmental Appeals Board


***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.

The Environmental Appeals Board (“EAB” or “the Board”) is an impartial appellate tribunal established by regulation to hear administrative appeals under the major environmental statutes that EPA administers. The EPA Administrator has delegated to the Board the authority to hear these appeals. The Board is independent of all Agency components outside the immediate office of the Office of the Administrator. The Board’s caseload consists primarily of appeals from federal permitting 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 generally sit in panels of three, and a panel decides a matter by majority vote. Please see “Guide to the U.S. Environmental Protection Agency’s Environmental Appeals Board,” available on the Board’s website, for additional information about the Board. Among other things, the Guide provides general information about the Board, discusses the types of matters that come before the Board, provides an overview of the administrative appeals process, addresses the Board’s Alternative Dispute Resolution program, and contains an Appendix with sample templates for documents that are commonly filed with the Board.

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:
Internship Opportunities: Click here for information on law student internship/externship opportunities with the Board.


Recent Board Actions

Order DateCitationAppeal No.Case Name
12/04/2024  Unpublished Final Order  FIFRA 24-02C  Superstratum, Co.
11/25/2024  19 E.A.D. 105  UIC 24-02  Penneco Environmental Solutions, LLC
11/25/2024  19 E.A.D. 105  UIC 23-01  Penneco Environmental Solutions, LLC
11/13/2024  Unpublished Final Order  NPDES 24-02 and .....  Tulalip Tribes of Washington – Wastewater Treatment Plant & Lummi Trib...
11/08/2024  Unpublished Final Order  CAA 24-01  Deseret Generation and Transmission Co-operative Bonanza Power Plant
11/07/2024  Unpublished Final Order  CAA 24-11  Ultramar Inc.
09/27/2024  Unpublished Final Order  CAA 24-10C  The Shyft Group, Inc.
09/27/2024  Unpublished Final Order  TSCA 24-03C  Shepherd Chemical Company
09/27/2024  Unpublished Final Order  TSCA 24-02Q  William T Burnett & Co.
09/26/2024  Unpublished Final Order  FIFRA 24-01C  J&G Manufacturing


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