Frank Alo (Board decision, August 23, 2023)

Plain-English summary

On July 19, 2023, the Presiding Officer issued an Initial Decision and Order on Default Judgment in the matter involving Frank Alo. 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 Board stated that the Initial Decision and Order on Default Judgment would become a final order on September 5, 2023, under 40 C.F.R. §§ 22.7(a) and 22.27(c).

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.7, 22.27, and 22.30
• Outcome: The EAB declined sua sponte review, leaving the Initial Decision and Order on Default Judgment to become final on September 5, 2023.
• Key point: When neither party appeals, the EAB may decline to review an Initial Decision and Order on Default Judgment on its own initiative.

Full text (EPA EAB public release)

                                                                         F I L E D
                                                                             Aug 23, 2023
                                                                        Clerk, Environmental Appeals Board
                                                                        INITIALS ________________________
                    ENVIRONMENTAL APPEALS BOARD
           UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                           WASHINGTON, D.C.


                                              )
                                              )
In re Frank Alo                               )   CWA Appeal. No. 23-(02)
                                              )
Docket No. CWA-09-2021-0049                   )
                                              )
                                              )


             ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

      On July 19, 2023, the Presiding Officer issued an Initial Decision and Order on Default

Judgment. Neither party appealed, and the Environmental Appeals Board is declining 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 on Default Judgment will become a final order on September 5, 2023,

pursuant to 40 C.F.R. §§ 22.7(a), 22.27(c).

      So ordered. 1


                                                   ENVIRONMENTAL APPEALS BOARD

Dated: August 23, 2023 By: ________
Aaron P. Avila
Environmental Appeals Judge

1
The three-member panel deciding this matter consists of Environmental Appeals Judges Aaron
P. Avila, Wendy L. Blake, 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 Frank Alo, Docket No. CWA-09-2021-0049, were sent to the following persons in
the manner indicated:

By Email:

Frank Alo
[email protected]

Rich Campbell
Assistant Regional Counsel
U.S. EPA, Region 9
[email protected]

Steven Jawgiel
Presiding Officer/Regional Judicial Officer
Ponly Tu
Regional Hearing Clerk
U.S. EPA, Region 9
[email protected]
[email protected]

Dated: ____
Aug 23, 2023 ______

                                                             Emilio Cortes
                                                           Clerk of the Board