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Environmental Appeals Board


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 (issued March 31, 2023): The Environmental Appeals Board has published a public “Guide to the U.S. Environmental Protection Agency’s Environmental Appeals Board.” The Guide provides an overview of the Environmental Appeals Board and the Agency’s administrative appeal process. Among other things, the Guide provides general information about the Board, discusses the types of matters that come before the Board, includes an overview of the Board’s Alternative Dispute Resolution program, provides information about the Board’s decisionmaking process, and contains an Appendix with sample templates for documents that are commonly filed with the Board. The revised Guide supersedes all prior guides to the Environmental Appeals Board, including “A Citizens Guide to EPA’s Environmental Appeals Board” and the “Environmental Appeals Board Practice Manual.”

Notice: To commemorate the Environmental Appeals Board's 30th anniversary, 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 (“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.

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
04/15/2024  Unpublished Final Order  CAA 24-03C  Little Leaf Farms, LLC
04/11/2024  Unpublished Final Order  EPCRA 24-01C  Solvay Specialty Polymers USA, L.L.C.
04/10/2024  Unpublished Final Order  NPDES 23-02  GSP Schiller LLC
03/29/2024  Unpublished Final Order  NPDES 23-01  City of Rochester, New Hampshire
02/28/2024  19 E.A.D. 13  UIC 23-01  Penneco Environmental Solutions, LLC
02/23/2024  Unpublished Final Order  CAA 24-02C  Hanwha Cimarron LLC
01/09/2024  Unpublished Final Order  CAA 23-09C  Open Mountain Energy, LLC
12/15/2023  Unpublished Final Order  NPDES 23-05  Town of Amherst, Massachusetts
12/12/2023  Unpublished Final Order  CAA 23-08C  Sigma Air LLC
11/20/2023  Unpublished Final Order  TSCA 23-04C  General Motors and Ultium Cells

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