Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 13U.S. Environmental Protection Agency, 2006 |
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Page 237
... ALJ's decision to the Environmental Appeals Board ( " Board " ) on several grounds , including the ALJ's ability - to - pay analysis . In its decision , the Board concluded that the ALJ had properly determined that Cutler lacked the ...
... ALJ's decision to the Environmental Appeals Board ( " Board " ) on several grounds , including the ALJ's ability - to - pay analysis . In its decision , the Board concluded that the ALJ had properly determined that Cutler lacked the ...
Page 238
... ALJ's determination that Respondent is not entitled to a reimbursement of expenditures , the Board , nonetheless , disagrees with certain aspects of the legal analysis in the ALJ's recommendation . Out of concern that these analytical ...
... ALJ's determination that Respondent is not entitled to a reimbursement of expenditures , the Board , nonetheless , disagrees with certain aspects of the legal analysis in the ALJ's recommendation . Out of concern that these analytical ...
Page 239
... ALJ's penalty assessment turned in part on the ALJ's determina- tion that Cutler lacked the ability to pay the penalty the Region proposed.2 The Region then appealed the ALJ's decision to the Board on several grounds , including the ...
... ALJ's penalty assessment turned in part on the ALJ's determina- tion that Cutler lacked the ability to pay the penalty the Region proposed.2 The Region then appealed the ALJ's decision to the Board on several grounds , including the ...
Page 240
... ALJ's assessment the Board explained : While the ALJ did find an inability to pay a $ 25,000 penalty , we do not read his decision as stating clearly that Appellee is unable to pay a pen- alty of more than $ 1,250 . Rather , the $ 1,250 ...
... ALJ's assessment the Board explained : While the ALJ did find an inability to pay a $ 25,000 penalty , we do not read his decision as stating clearly that Appellee is unable to pay a pen- alty of more than $ 1,250 . Rather , the $ 1,250 ...
Page 241
... ALJ's view the Region was , at least until the close of the evidentiary hearing , “ substantially justified " in claiming that Cutler did have the ability to pay the penalty , no award of attorneys ' fees and other expenses should be ...
... ALJ's view the Region was , at least until the close of the evidentiary hearing , “ substantially justified " in claiming that Cutler did have the ability to pay the penalty , no award of attorneys ' fees and other expenses should be ...
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administrative Agency Agency's air quality ALJ's alleged appeal application argument asbestos BACT analysis BACT limits Board Brief capacitors Christian County citing clear error coal compliance schedule concluded ConocoPhillips considered count D.C. Cir determination draft permit effluent limits emissions limits enforcement Environmental EPA's EPS's Euclid explained failed federal FIFRA filed Final Permit hazardous waste Howmet IEPA IEPA's IEPA's response impacts Indeck Init Initial Decision issue LTCP major stationary source Martex ment monitoring NAAQS NPDES NPDES permit NSR Manual OCS source PCB waste Penalty Policy permit decision permit issuer pesticide Petition Petitioners argue pollutant Prairie State's proposed Facility protection PSD permit public comment period RCRA record Region regulatory remand requirements Response to Comments Sierra Club SMRO specifically spent material tion U.S. EPA violations WASA water quality standards