My proposed plant was just denied a permit. How can I ‘appeal’ that decision?
You’ll need an experienced lawyer to help you. You can go to court – often an expensive and time-consuming route -- or use the administrative appeals process by filing a petition with the Environmental Appeals Board. Your petition should show that the EPA’s factual findings or legal conclusions are clearly erroneous or that policy determinations underlying the decision are arbitrary and capricious or otherwise warrant review. The Board will determine whether to hold any further hearings and will issue a decision affirming, reversing, modifying, or remanding the EPA’s decision. Final actions may be appealed to the federal courts.
The Environmental Appeals Board hears appeals brought under all major environmental statutes that the EPA administers. It is an impartial, three-member body which is independent of all Agency components outside the office of the Administrator. It considers civil penalty decisions and petitions for reimbursement of costs as well as permit decisions. Formal written decisions are issued in most cases.
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