Frequently Asked Questions About the Environmental Appeals Board

On this page:

• The Environmental Appeals Board in General
• Procedures Governing Cases Appealed to the Environmental Appeals Board
• Format Requirements for Documents
• Filing Documents with the Environmental Appeals Board
• Oral Arguments
• Environmental Appeals Board Decisions
• Alternative Dispute Resolution

The Environmental Appeals Board in General

What is the Environmental Appeals Board?

The Environmental Appeals Board (often referred to as “EAB” or “the Board”) is an impartial appellate tribunal within the U.S. Environmental Protection Agency (“EPA”) that resolves administrative appeals of certain environmental disputes arising 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 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.

To learn more about the Board and its members visit: About the Environmental Appeals Board (EAB).  For additional information about the Board, its composition, the types of matters that come before the Board, the primary steps that occur in permit and enforcement appeals, the appeals process, and the Board’s decision making process visit:  Guide to the United States Environmental Protection Agency's Environmental Appeals Board (pdf) (2.43 MB) .

How can I contact the Board?

For different ways to contact the Board visit: the Contact Us About the Environmental Appeals Board page on the EAB website.  

What environmental laws does the EAB consider?

The EAB hears appeals and other matters that involve the major environmental statutes that EPA administers, including:

• Act to Prevent Pollution from Ships
  • Clean Air Act
    • Federal Water Pollution Control Act (also known as the Clean Water Act)
    • Comprehensive Environmental Response, Compensation, and Liability Act
    • Emergency Planning and Community Right-to-Know Act
    • Federal Insecticide, Fungicide, and Rodenticide Act
    • Marine Protection, Research, and Sanctuaries Act
    • Resource Conservation and Recovery Act (which amended the Solid Waste Disposal Act)
    • Safe Drinking Water Act 
    • Toxic Substances Control Act

How does the Board prioritize its case load?

Cases are generally prioritized by the Board based on the filing date of the case. Cases involving new source permits, such as those under the Clean Air Act’s Prevention of Significant Deterioration program, are assigned the highest priority relative to other categories of cases.

How can I review Board decisions and case filings?

Final decisions of the Board, along with significant interim orders, are available on the Board’s website at www.epa.gov/eab under EAB Dockets & Decisions.  Many Board decisions are also published in bound volumes entitled “Environmental Administrative Decisions” or “E.A.D,” and these are generally available at designated Federal Depository Libraries. Filings for each active docket, as well as dockets for cases closed since January 1, 2006, are also accessible through the EAB Dockets & Decisions link.  Finally, Board decisions are available through commonly used legal databases.

Procedures Governing Cases Appealed to the Environmental Appeals Board

What are the procedural rules that govern appeals to the EAB from a permit decision?

For the regulations and orders that govern permit appeals visit the Rules & Standing Orders Governing Appeals Filed with the EAB page on the EAB website. 

What are the procedural rules that govern appeals to the EAB in Agency enforcement proceedings?

For the regulations and orders that govern enforcement proceedings visit the Rules & Standing Orders Governing Appeals Filed with the EAB page on the EAB website. 

What are the procedural rules that govern a petition for reimbursement of cleanup costs submitted to the EAB pursuant to section 106(b) of the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”)?

For the procedures that govern petitions for reimbursement of cleanup costs under CERCLA section 106(b) visit the Rules & Standing Orders Governing Appeals Filed with the EAB  page on the EAB website. 

What are the steps that typically occur in a permit or enforcement appeal to the EAB?

For information about the steps that typically occur in administrative permit and enforcement appeals, the Board’s two most common types of appeals, visit:   Guide to the United States Environmental Protection Agency's Environmental Appeals Board (pdf) (2.43 MB) . 

When is a notice of appearance required? 

If a party obtains or changes counsel during the pendency of a Board proceeding, the (new) counsel should file a notice of appearance with the Board and serve copies on all other parties. 

If the contact information for any party, counsel, or other interested person involved in a Board proceeding changes during the pendency of the proceeding, that person should promptly file a notice identifying the change in contact information with the Board and serve copies on all other parties.

What is the procedure for withdrawing a petition that has been filed with the Board?

The petitioner may file a motion requesting that the Board dismiss the petition. The motion must briefly state the reason for the request.

May I seek reconsideration of the Board’s decision?

Yes. Once the EAB issues a final order in a matter, EPA regulations at 40 C.F.R. parts 22 and 124 provide that any party to the appeal can file a motion for reconsideration within 10 days of the EAB’s service of the order on the parties. Under those regulations, a motion for reconsideration of a final order must set forth the matters that the party believes the EAB erroneously decided as well as the nature of those errors. For certain appeals, including permit appeals governed by 40 C.F.R. part 124, parties can also file motions for clarification, which must identify the portion of the decision for which clarification is sought and explain why a clarification is necessary. Although the Part 22 regulations do not specifically address motions for clarification, a party could reasonably assert in a motion for reconsideration that a portion of the final order is not clear and explain why a clarification is needed.

Format Requirements for Documents

What are the form, service, and content requirements for a petition for review or a notice of appeal and appellate brief?

To learn about the form, service, and content requirements for a petition for review, or notice of appeal and appellate brief visit the Form, Content, Service, and Computation of Time Requirements page on the EAB website.

What are the form requirements for attachments?

To learn about the form requirements for attachments visit the Form, Content, Service, and Computation of Time Requirements page on the EAB website.

How should I cite EAB and pre-EAB opinions in filings to the EAB?

The EAB has adopted official forms of citation for its published decisions and for published decisions issued by other Agency decisionmakers before the Board was created in 1992. The form of citation for EAB and pre-EAB decisions indicates the volume and page of the Environmental Administrative Decisions (“E.A.D.”) where the opinion appears, the decisionmaker, and the year of the decision. 

An example of a citation to an EAB opinion published in Volume 4 of the E.A.D. is as follows:
In re Amoco Oil Co., 4 E.A.D. 954 (EAB 1993).

An example of a citation to a specific page of that opinion is as follows:
In re Amoco Oil Co., 4 E.A.D. 954, 956 (EAB 1993).

Examples of citations to pre-Board opinions that were published in Volumes 1 through 3 of the E.A.D., and that were issued by the Chief Judicial Officer or the Administrator, are:

In re Boliden-Metech, Inc., 3 E.A.D. 439 (CJO 1990).
In re Cecos International, Inc., 3 E.A.D. 77 (Adm’r 1990).

The Board initially publishes its final decisions as slip opinions before publication in the E.A.D. Citations to slip opinions include the date the decision was issued and take the following form:

In re Beeland Group, LLC, UIC Appeal Nos. 08-01, 08-02, & 08-03 (EAB Oct. 3, 2008), 13 E.A.D. __.

An example of a citation to a specific page of the above opinion is as follows:
In re Beeland Group, LLC, UIC Appeal Nos. 08-01, 08-02, & 08-03, slip op. at 3 (EAB Oct. 3, 2008), 13 E.A.D. __.

Filing Documents with the Environmental Appeals Board 

How should I file a pleading in a matter before the EAB?

All parties and other interested persons are encouraged to file documents with the EAB using the EAB’s Electronic Filing System (“e-Filing System”) which is accessible on the Board’s website. Filing documents on paper (via U.S. mail, hand delivery, or via courier or commercial delivery service) is also permissible.  To learn how to file pleadings in matters before the EAB visit the Filing Petition and Appeal Documents with the EPA's Environmental Appeals Board page on the EAB website.

How to file documents through the Board’s e-Filing System? 

To learn how to file documents electronically, and for more information about filing deadlines, number of copies to be filed, and signature requirements, visit the How to File with the EPA’s Environmental Appeals Board Using the e-Filing System page on the EAB website.

Filers must not upload to the e-Filing system private and/or confidential information.

How do I file attachments to a brief through the Board’s e-Filing System?

For instructions on how to file attachments through the Board’s e-Filing System visit the How to File with the EPA’s Environmental Appeals Board by U.S. Postal Service, Personal Delivery, or Courier page on the EAB website.

How do I sign documents that I electronically file?

Your use of the Board’s Electronic Filing System (“e-Filing System”) fulfills the signature requirement for all purposes under the relevant regulations governing your appeal. Pursuant to the Board’s Standing Orders Authorizing Electronic Filing, the full name of the person making the filing must be typed or printed below the signature line of the electronically filed document.

Where do I find information about the filing of paper pleadings? 

To learn about where to send paper filings, when is a paper filing considered filed, what information to include on the envelope of a paper filing, and much more visit the How to File with the EPA’s Environmental Appeals Board by U.S. Postal Service, Personal Delivery, or Courier page on the EAB website.

How do I file a document that contains Confidential Business Information (“CBI”) or material claimed as CBI?

To learn how to file a document that contains CBI or material claimed as CBI visit the How to File with the EPA’s Environmental Appeals Board by U.S. Postal Service, Personal Delivery, or Courier page on the EAB website.

Is there a fee for filing a petition or an appeal with the EAB?

No.

Are there specific requirements for the filing and service of documents?

Yes. Please refer to the applicable regulations and the Board’s Standing Orders for filing and service requirements.  For additional information visit the Form, Content, Service, and Computation of Time Requirements page on the EAB website 

See also the  Guide to the United States Environmental Protection Agency's Environmental Appeals Board (pdf) (2.43 MB) .

May I file documents that contain information created by generative artificial intelligence (AI)?

Yes. The use of generative AI is not prohibited; however, a party that utilizes generative AI must ensure that any content produced by a generative AI tool is complete and accurate. This includes checking any citations generated by AI for accuracy. The Board reminds counsel of their duty to comply with all legal and ethical obligations related to drafting and filing documents with the Board.

Oral Arguments

Where do I find the schedule of arguments?

To learn about oral arguments conducted by the EAB and where to find the schedule of arguments, visit the About Oral Arguments page on the EAB website.

How can I observe or attend an oral argument?

To learn how to observe or attend an oral argument, and for additional related topics, visit the About Oral Arguments page on the EAB website. 

Environmental Appeals Board Decisions & Docket

Where can I find opinions of the Environmental Appeals Board?

To find EAB decisions, including decisions reviewed by Federal Courts, visit the EAB Dockets & Decisions page on the EAB website.

Where can I find the active and closed docket? 

To find the active and closed dockets visit the EAB Dockets & Decisions page on the EAB website.

Alternative Dispute Resolution (ADR)

Does the EAB have an ADR Program?

Yes. To learn about ADR, the EAB’s ADR Program, and much more, visit the Alternative Dispute Resolution page on the EAB website.