Environmental Appeals Board must meet deadlines and limit some appeals

The Environmental Appeals Board must complete hearings and send written decisions by set deadlines. The deadlines apply to appeals before the Environmental Appeals Board. The parties may agree to a different hearing deadline. At both parties’ written request, the Board chair may pause the 120-day period and must state the number of paused days in a letter. If the Board misses the hearing deadline, the Secretary’s decision becomes final for all purposes, including appeal, 121 days after receipt of the appeal. If the Board misses the written-decision deadline, that decision becomes final for all purposes, including appeal, 61 days after the hearing ends.

The law bars appeals of some decisions and limits appeals of certain permit denials. These rules concern appeals from decisions by the Secretary of Natural Resources and Environmental Control. A person whose interest is substantially affected may appeal a permit grant on subaqueous lands. A state-owned land permit denial, including one involving subaqueous lands, may be appealed only if the applicant claims they were treated differently from similar applicants. A decision about consistency with the federal Coastal Zone Management Act cannot be appealed.

The Board holds a public hearing and reviews the record presented to the Secretary. These rules apply when someone appeals a final decision by the Secretary, including a permit or enforcement decision. The appellant must show that the Secretary’s decision lacks support in the Board’s record. Emails sent to the Secretary may be included in the record. Other emails that do not involve the Secretary are excluded, except public comments submitted by email.