®: CRE Regulatory Action of the Week
Comment on Modernizing the Administrative Exhaustion Requirement for EPA Permitting Decisions and on Streamlining Procedures for EPA Permit Appeals
The Environmental Protection Agency has proposed a procedural rule intended to streamline and modernize part of the Agency permitting process by creating a new, time-limited alternative dispute resolution process as a precondition to judicial review. Under this proposal, the parties in the ADR process may agree by unanimous consent to either extend the ADR process or proceed with an appeal before the Environmental Appeals Board. If the parties do not agree to proceed with either the ADR process or an EAB appeal, the permit would become final and could be challenged in federal court. In the same Federal Register notice, EPA also describes other proposed changes to the Agency permitting decisions and procedures for permit appeals. Comments on these proposals are due to EPA by January 2, 2020. Click here for more details and relevant links.