Tony L. Brown and Joshua A. Brown d/b/a Riverview Cattle (Board decision, November 27, 2020)

Plain-English summary

Tony L. Brown and Joshua A. Brown, doing business as Riverview Cattle, were respondents in an EPA Clean Water Act penalty proceeding. An Administrative Law Judge issued an Initial Decision and Order on October 15, 2020, and 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 Initial Decision and Order therefore became a final order on November 30, 2020 under 40 C.F.R. §§ 22.7(a) and 22.27(c). This EAB order does not state the underlying violation or penalty amount.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7(a), 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The EAB declined sua sponte review, and the Initial Decision and Order became a final order on November 30, 2020.
• Key point: When neither party appeals and the EAB declines sua sponte review, an 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
Nov 27 2020
Clerk, Environmental Appeals Board

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

In re:
Tony L. Brown and Joshua A. Brown
d/b/a Riverview Cattle
Docket No. CWA-07-2016-0053

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INITIALS ______

CWA Appeal No. 20-(04)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW
On October 15, 2020, the Administrative Law Judge Christine Donelian Coughlin issued and served on the parties an Initial Decision and Order in the above-captioned case. 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 Initial Decision and Order will become a final order on November 30, 2020, pursuant to 40 C.F.R. §§ 22.7(a), 22.27(c). So ordered.1

ENVIRONMENTAL APPEALS BOARD

Nov. 27, 2020
Dated: ________

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By: ________
Kathie A. Stein
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 certify that copies of the foregoing Order Declining to Exercise Sua Sponte Review in the matter of Tony L. Brown and Joshua A. Brown, d/b/a/ Riverview Cattle, CWA Appeal No. 20-(04), were sent to the following persons in the manner indicated:

By Electronic Mail:
Eldon L. McAfee
Douglas Fulton
6701 Westown Parkway, Suite 100
West Des Moines, IA 50266
E-mail: [email protected]
[email protected]
Shane E. C. McCoin, Esq.
Britt Bieri, Esq.
Assistant Regional Counsel
U.S. Environmental Protection Agency, Region 7
11201 Renner Boulevard
Lenexa, KS 66219
E-mail: [email protected]
E-mail: [email protected]
Administrative Law Judge Christine Donelian Coughlin 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. 20460 E-mail: [email protected] [email protected]

Dated: ________
Nov 27 2020

Annette Duncan
Administrative Specialist
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