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The Appeal Process


After the Board enters a Final Order in the Appeal, any party may appeal such order as prescribed in W. Va. Code §22B-2-3. This appeal must be filed within thirty days of your receipt of the Board’s Final Order.

As to cases involving an order denying an application for a permit, or approving or modifying the terms and conditions of a permit, the petition for review shall be filed in the Supreme Court of Appeals within 30 days of the Board’s order: Provided that, if all parties consent to it, the proceedings may continue in the Circuit Court of Kanawha County.

As to all other cases, the petition shall be filed in the Circuit Court of the county wherein the alleged statutory air pollution complained of originated or in Kanawha County upon agreement between parties.


An ex parte communication is any oral or written communication with the Board or its staff regarding the merits or the substance of an appeal or motion, which is made in the absence of the other parties of the appeal. Such contact is strictly forbidden. Further, the staff cannot render legal advice to you. We can, however, answer any questions which you may have regarding the appeal process, general hearing procedures or other administrative matters. Please feel free to contact our office with such inquiries.

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Site Last Updated March 15, 2023
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