[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR164.100]

[Page 177-178]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
Subpart B--General Rules of Practice Concerning Proceedings (Other Than 
                           Expedited Hearings)
 
Sec. 164.100  Appeals from or review of interlocutory orders or rulings.

    Except as provided herein, appeals as a matter of right shall lie to 
the Environmental Appeals Board only from an initial or accelerated 
decision of the Administrative Law Judge. Appeals from other orders or 
rulings shall, except as provided in this section, lie only if the 
Administrative Law Judge certifies such orders or rulings for appeal, or 
otherwise as provided. The Administrative Law Judge may certify an order 
or ruling for appeal to the Environmental Appeals Board when: (a) The 
order or ruling involves an important question of law or policy about 
which there is substantial ground for difference of opinion; and (b) 
either (1) an immediate appeal from the order and ruling will materially 
advance the ultimate termination of the proceeding or (2) review after 
the final judgment is issued will be inadequate or ineffective. The 
Administrative Law Judge shall certify orders or rulings for appeal only 
upon the request of a party. If the Environmental Appeals Board 
determines that certification was improvidently

[[Page 178]]

granted, or takes no action within thirty (30) days of the 
certification, the appeal shall be deemed dismissed. When an order or 
ruling is not certified by the Administrative Law Judge, it shall be 
reviewed by the Environmental Appeals Board only upon appeal from the 
initial or accelerated decision except when the Environmental Appeals 
Board determines, upon request of a party and in exceptional 
circumstances, that delaying review would be deleterious to vital public 
or private interests. Except in extraordinary circumstances proceedings 
will not be stayed pending an interlocutory appeal; where a stay is 
granted, a stay of more than 30 days must be approved by the 
Environmental Appeals Board. Ordinarily, the interlocutory appeal will 
be decided on the basis of the submission made to the Administrative Law 
Judge, but the Environmental Appeals Board may allow further briefs and 
oral argument.

[57 FR 5343, Feb. 13, 1992]