GreenBuild Design & Construction, LLC (Board decision, January 26, 2023)

Plain-English summary

The Administrative Law Judge issued an Initial Decision in the GreenBuild Design & Construction matter on December 12, 2022. Neither party appealed to the Environmental Appeals Board. The Board declined to review the case on its own initiative, so the Initial Decision became a final order on January 26, 2023.

Decision snapshot

• Cited authorities: 40 C.F.R. §§ 22.27(c), 22.27(c)(4), and 22.30(b)
• Outcome: The Board declined sua sponte review, and the Initial Decision became a final order.
• Key point: When no party appeals and the Board declines its own review, the Initial Decision becomes final under the governing rule.

Full text (EPA EAB public release)

F I L E D
Jan 26, 2023
Clerk, Environmental Appeals Board

INITIALS ______

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

In re:
GreenBuild Design & Construction, LLC

Docket No. TSCA-10-2021-0006

TSCA Appeal No. 22-(06)

ORDER DECLINING TO EXERCISE SUA SPONTE REVIEW

On December 12, 2022, the Administrative Law Judge issued an Initial Decision. Neither party appealed to the Environmental Appeals Board, and the 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 becomes a final order on this date, January 26, 2023, pursuant to 40 C.F.R. § 22.27(c).

So ordered.

ENVIRONMENTAL APPEALS BOARD

Dated: January 26, 2023

By: ________
Wendy L. Blake
Environmental Appeals Judge

The three-member panel deciding this matter consists of Environmental Appeals Judges Wendy L. Blake, 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 GreenBuild Design & Construction, LLC, Docket No. TSCA-10-2021-0006, were sent to the following persons in the manner indicated:

By Email:

Rodrigo von Marees, Representative
GreenBuild Design & Construction, LLC
Email: [email protected]

Andrew Futerman
Danielle Meinhardt
U.S. Environmental Protection Agency, Region 10
Email: [email protected]
Email: [email protected]

Susan L. Biro, Chief Administrative Law Judge
Mary Angeles, Headquarters Hearing Clerk
U.S. Environmental Protection Agency
Office of Administrative Law Judges
Email: [email protected]
Email: [email protected]

Jan 26, 2023
Dated: ________

Emilio Cortes
Clerk of the Board

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