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Regulations Governing Appeals

Notice: On June 11, 2021, the Agency published a final rule (86 Fed. Reg. 31,172) 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 and restores the EPA Administrator’s delegation of authority to the EAB. Following are some of the key aspects of the rule applicable to practitioners:

The final rule, titled "Revisions to the Permit Appeals Process to Restore the Organization and Function of the Environmental Appeals Board" (86 Fed. Reg. 31,172), is available here.



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