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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 August 21, 2020, the Agency published a final rule amending regulations for appeals before the Environmental Appeals Board. That final rule is effective September 21, 2020. More information is available here.

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 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
10/06/2020   Unpublished Final Order  FIFRA 20-01C  Electrolux Home Products, Inc.
09/30/2020   18 E.A.D. 245  NPDES 19-06  Arizona Public Service
09/25/2020   Unpublished Final Order  TSCA 20-04C  Toyota Motor North America, Inc.
09/02/2020   18 E.A.D. 228  CAA 20-01  MPLX
08/14/2020   Unpublished Final Order  CWA 20-(01)  New York State Department of Transportation
07/21/2020   18 E.A.D. 194  CAA 19-01  Veolia ES Technical Solutions LLC
06/29/2020   18 E.A.D. 115  NPDES 19-03  City of Lowell
05/26/2020   Unpublished Final Order  NPDES 20-04  Starkist Samoa Co
05/13/2020   Unpublished Final Order  TSCA 20-03C  Swix Sport USA
05/12/2020   Unpublished Final Order  RCRA 20-01C  Bloom Energy Corporation

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