ARB CASE NO. 04-071
ALJ CASE NO. 04-CAA-00007
DATE: April 30, 2004
In the Matter of:
SHARYN ERICKSON,
COMPLAINANT,
v.
U.S. ENVIRONMENTAL PROTECTION AGENCY,
REGION 4, ATLANTA, GA.,
RESPONDENT.
BEFORE: THE ADMINISTRATIVE REVIEW BOARD
Appearances:
For the Complainant:
Edward A. Slavin, Jr., Esq., St. Augustine, Florida
ORDER DISMISSING INTERLOCUTORY APPEAL
BACKGROUND
The petition for review that is before us arises from a complaint filed under the whistleblower protection provisions of the Clean Air Act, 42 U.S.C.A. § 7622 (West 2004); the Safe Drinking Water Act, 42 U.S.C.A. § 300j-9(i) (West 2004); the Water Pollution Control Act, 33 U.S.C.A. § 1367 (West 2004); the Solid Waste Disposal Act, 42 U.S.C.A. § 6971 (West 2004); and the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C.A. § 9610 (West 2004), by the Complainant, Sharyn Erickson, against the Respondent, Environmental Protection Agency (EPA). On March 25, 2004, Erickson filed a Petition for Review of Order of Recusal [ ],1 asking the Board to review the March 16, 2004 recusal order issued by Administrative Law Judge Clement J. Kennington (the ALJ).
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1 We have omitted that portion of the title of the March 25, 2004 petition that refers to a request for review of the Administrative Law Judge's March 19, 2004 Order Denying Complainant's Motion to Reopen Record. We have assigned ARB No. 04-086 to that appeal, which concerns a post-judgment order issued by the ALJ that relates to two decisions he previously issued involving these parties. Those two decisions – one issued on September 24, 2002, that disposes of consolidated complaints ALJ Nos. 1999-CAA-2, 2001-CAA-8, 2001-CAA-13, 2002-CAA-3, 2002-CAA-18, and the other issued on November 13, 2003, to dispose of consolidated complaints ALJ Nos. 2003-CAA-11, 2003-CAA-19, 2004-CAA-1 – are pending on appeal before the ARB. The appeals and cross-appeals of those decisions have been docketed as ARB Nos. 03-002, 03-003, and 03-004, for appeals of the September 24, 2002 decision, and ARB Nos. 04-024 and 04-025, for appeals of the November 13, 2003 decision. We will address the appeal in ARB No. 04-086 in a separate order.