New York State Department of Transportation (Board decision, August 14, 2020)

Plain-English summary

Chief Administrative Law Judge Susan L. Biro issued an Initial Decision and Order involving the New York State Department of Transportation and later issued a corrected version on July 14, 2020. Neither party appealed. The Environmental Appeals Board declined to review the case on its own initiative under 40 C.F.R. §§ 22.27(c)(4) and 22.30(b). The Corrected Initial Decision and Order therefore became a final order on August 28, 2020. The EAB order does not state the underlying Clean Water Act allegations, liability findings, or any penalty.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The EAB declined sua sponte review, and the Corrected Initial Decision and Order became final on August 28, 2020.
• Key point: When neither party appeals and the EAB declines sua sponte review, a corrected Initial Decision and Order becomes final under 40 C.F.R. § 22.27(c).

Full text (EPA EAB public release)

F I L E D
Aug 14 2020

Clerk, Environmental Appeals Board

INITIALS ______

ENVIRONMENTAL APPEALS BOARD
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C.

)
In re:
)
)
New York State Department
) CWA Appeal No. 20-(01)
of Transportation
)
)
Docket No. CWA-02-2016-3403
)
______)
ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

On June 29, 2020, Chief Administrative Law Judge Susan L. Biro issued and served on the parties an Initial Decision and Order in the above-captioned case. Judge Biro subsequently issued and served a Corrected Initial Decision and Order on July 14, 2020. Neither party appealed. The Environmental Appeals Board declines to review the case on its own initiative. See 40 C.F.R. §§ 22.27(c)(4), 22.30(b). Accordingly, the Corrected Initial Decision and Order will become a final order on August 28, 2020, pursuant to 40 C.F.R. § 22.27(c). So ordered. 1 ENVIRONMENTAL APPEALS BOARD

Aug 14 2020
Date:_______

1

By: ________
Aaron P. Avila
Environmental Appeals Judge

The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron P. Avila, Mary Kay Lynch, and Kathie A. Stein.

CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in the matter of New York State Department of Transportation, CWA Appeal No. 20(01), were sent to the following persons in the manner indicated: By Electronic Mail: Alicia McNally, Esq. Assistant Counsel Division of Legal Affairs New York State Department of Transportation 50 Wolf Road, 6th Floor Albany, New York 12232 E-mail: [email protected] Christopher Saporita, Esq. Jason P. Garelick, Esq. Assistant Regional Counsels U.S. Environmental Protection Agency, Region 2 290 Broadway, 16th Floor New York, New York 10007-1866 E-mail: [email protected] [email protected] Chief Administrative Law Judge Susan L. Biro Headquarters Hearing Clerk Mary Angeles U.S. Environmental Protection Agency Office of Administrative Law Judges Ronald Reagan Building, Room M1200 1300 Pennsylvania Avenue, N.W. Washington, D.C. 20004 E-mail: [email protected] [email protected]

Aug 14 2020
Date:_______

Eurika Durr
Clerk of the Board