Environmental Law & Policy

EPA's Administrative Law Judges (ALJs) conduct hearings and render decisions in proceedings between EPA and persons, businesses, government entities, and other organizations that are, or are alleged to be, regulated under environmental laws.

The Office of Administrative Law Judges (OALJ) is an independent office in EPA's Office of Administration and Resources Management. The Administrative Law Judges conduct hearings and render decisions in proceedings between the EPA and persons, businesses, government entities, and other organizations that are, or are alleged to be, regulated under environmental laws. Decisions issued by the Administrative Law Judges are subject to review by the Environmental Appeals Board (EAB).

Administrative Law Judges preside in enforcement and permit proceedings in accordance with the Administrative Procedure Act (APA). Most enforcement actions initiated by the EPA are for the assessment of civil penalties. The Administrative Law Judges also conduct hearings and render decisions in appeals from determinations of the EPA's Office of Civil Rights (OCR) in complaints of violation of Title VI of the Civil Rights Act of 1964 and of the EPA's implementing regulations at 40 C.F.R. Part 7.

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 four 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.

Published Decisions lists EAB decisions that have been, or are slated to be, published in the bound volumes of Environmental Appeals Decisions ("E.A.D."); Unpublished Final Orders lists EAB final decisions that will not be published in the bound E.A.D. volumes; Significant Interlocutory Decisions lists selected unpublished decisions of the Environmental Appeals Board.

The Environmental Review Appeals Commission (ERAC) hears and resolves appeals resulting from various technical and legal final actions taken by the Director of the Ohio Environmental Protection Agency, the Director of the Ohio Department of Agriculture, the State Fire Marshal, the State Emergency Response Commission, and county and local boards of health. The Commission has statewide jurisdiction and is the highest level of administrative appeal for final actions of the agencies listed above. Decisions of the Commission may be appealed to the Franklin County Court of Appeals or if the appeal arises from an alleged violation of a law or regulation, to the court of appeals for the district in which the violation is alleged to have occurred.