2) The Respondent may file a reply brief, not to exceed thirty (30) double-spaced typed pages, on or before June 19, 2008.
3) The Complainant may file a rebuttal brief, exclusively responsive to the reply brief and not to exceed ten (10) double-spaced typed pages, on or before July 7, 2008. In all other respects the Board's initial Order Establishing Briefing Schedule issued July 5, 2005, remains in effect.
SO ORDERED.
M. CYNTHIA DOUGLASS
Chief Administrative Appeals Judge
DAVID G. DYE
Administrative Appeals Judge
[ENDNOTES]
1 33 U.S.C.A. § 1367 (West 2001). The Secretary of Labor has delegated her authority to issue final administrative decisions in cases arising under the WPCA to the Administrative Review Board. Secretary's Order 1-2002 (Delegation of Authority and Responsibility to the Administrative Review Board), 67 Fed. Reg. 64,272 (Oct. 17, 2002); 29 C.F.R. §§ 24.1, 24.8 (2007). The WPCA's implementing regulations, found at 29 C.F.R. Part 24, have been amended since Coupar filed his complaint. 72 Fed. Reg. 44,956 (Aug. 10, 2007). We did not decide in our original decision whether the amendments applied to this case, because even if the amendments had applied, the amended provisions were not at issue in this case and thus they would not have affected our decision.
2 Complainant's Answer to Motion to Dismiss at 1.
3 Coupar indicated in a return address in a letter he sent to the Board on November 16, 2007 that his address was Terminal Island. Coupar did otherwise bring the change of address to the Board's attention.
4 See e.g., Leveille v. N.Y. Air Nat'l Guard, ARB No. 98-079, ALJ Nos. 1994-TSC-003 and -004, slip op. at 4 (ARB May 16, 2000) (concluding that ARB has authority to reconsider decisions made under SDWA, the CWA, and the CERCLA); Jones v. EG&G Def. Materials, Inc., ARB No. 97-129, ALJ No. 1995-CAA-003, slip op. at 2-3 (ARB Nov. 24, 1998) (concluding that ARB has authority to reconsider decisions made pursuant to the CAA, the TSCA, and the SWDA).
5 See, e.g., Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995); Virgin Atl. Airways, Ltd. v. National Mediation Bd., 956 F.2d 1245, 1255 (2d Cir. 1992); Weinstock v. Wilk, 2004 WL 367618, at *1 (D. Conn. Feb. 25, 2004); Motorola, Inc. v. J.B. Rodgers Mech. Contractors, Inc., 215 F.R.D. 581, 582-586 (D. Ariz. 2003).
6 See, e.g., McQuade v. Oak Ridge Operations Office, ARB No. 02-087, ALJ Nos. 1999-CAA-7 to 10 (ARB Oct. 18, 2002); Pickett v. TVA, ARB No. 02-076, ALJ No. 2001-CAA-18 (ARB Oct. 9, 2002).