Requirement of Environmental Laws .


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Enforcement of Environmental Laws. Legal Authorities. Nearly all environmental laws have enforcement provisions Civil Criminal Specify maximum amounts of civil penalties Per day Per violation Vary with statute Usually detail specific criminal acts Falsifying records
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Requirement of Environmental Laws David Tetta, Alton Associates LLC

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Legal Authorities Nearly all natural laws have authorization arrangements Civil Criminal Specify greatest measures of common punishments Per day Per infringement Vary with statute Usually detail particular criminal acts Falsifying records Intentionally releasing without allow David Tetta, Alton Associates LLC

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Topics Administrative Enforcement Regional Implementation Administrative Process Civil Enforcement Criminal Enforcement Citizen Suits David Tetta, Alton Associates LLC

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General Concepts - Administrative Law Agencies act inside forces designated to them Agency sentiments given regard in many procedures APA represents (rulemaking and implementation) – can\'t be subjective and impulsive keeping in mind the end goal to offer need standing and readiness David Tetta, Alton Associates LLC

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Enforcement Response Process Informal Notice of Violation Formal Administrative Order, Consent Order Civil Referral, Complaint, Consent Decree Settlements Pertains to Admin and Civil Cases Core Concept: Timely and Appropriate Response to High Priority Violators David Tetta, Alton Associates LLC

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Formal Orders Typically for "High Priority Violators" Definition shifts with stature Administrative: Complaint (Penalty), Consent Order, Compliance Order Civil Referral, Civil Complaint, Consent Decree David Tetta, Alton Associates LLC

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Why Administrative? Organization picks Easier, quicker EPA\'s Turf EPA Consolidated Rules of Practice - office legal counselors acquainted with Involves less outside gatherings David Tetta, Alton Associates LLC

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Consolidated Rules of Practice Broad extension Penalties for all EPA laws, allow dissents now and again Filing of grumbling Filed with territorial hearings agent, sent to Chief ALJ at EPA HQ Defendant has 30 days to react and ask for hearing (trial) May likewise ask for a casual meeting David Tetta, Alton Associates LLC

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ALJ PRocess Hear 400 cases for every year - Average punishment 170k Typical time span from recording to choice - year and a half Discovery is restricted Presiding Officer Directs EPA & Defendant to share All archives which will be introduced All witnesses and their normal declaration Motion required for extra data Must meet a few edges keeping in mind the end goal to be affirmed David Tetta, Alton Associates LLC

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ALJ Process EPA documents dissension, stopped with hearings representative Lists infringement Penalty as indicated by punishment framework + injunctive alleviation Defendant reacts EPA/respondent hold standard gatherings to determine/settle Deadlines entirely implemented Provisions for quickened choice Equivalent to movement for outline judgment in common case David Tetta, Alton Associates LLC

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Penalty Matrix - Civil and Admin Looks at: Potential for damage Extent of deviation from necessities Up as far as possible Also considers: Good confidence endeavors Degree of stiff necked attitude/carelessness History of rebelliousness Ability to pay Economic advantage of resistance David Tetta, Alton Associates LLC

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ALJ Process EPA both prosecutor and judge Prohibitions on ex parte interchanges Hearings might be held in DC, Region or Defendant\'s district Witnesses, displays like common, yet Rules of Evidence are more casual Trials by and large last only a couple days At end, EPA, Defendant offer contradicting discoveries of actuality/finishes of law, proposed arrange, supporting briefs David Tetta, Alton Associates LLC

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ALJ Process Presiding officer issues"Initial Decision" All material issues of law or circumspection Proposed punishment, clarification of why it varies from EPA\'s (if that is the cae) Decision gets to be last unless either party documents movement to revive inside 45 days Motion to advance inside 30 days David Tetta, Alton Associates LLC

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Environmental Appeals Board Provides for precise survey of essential issues of law preceding government court survey Latter done ordinarily in accordance with Administrative Procedures Act Usually reaction to movement to bid ALJ choice Also certain allow cases, CERCLA cost repayment debate Opposing gathering must document brief inside 20 days after that Board made out of four individuals Panel of three regularly hears a case Review is anew Final choice last stride in administrator handle David Tetta, Alton Associates LLC

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Civil Enforcement Usually saved for expansive punishment, shocking infringement, national criticalness Initiated by referral to USDOJ Only acknowledge cases they have great shot of winning Defendant and DOJ have solid motivating force to settle Settlement in type of assent pronouncement, distributed in Federal Register and Filed with Court Public Comment before it gets to be last David Tetta, Alton Associates LLC

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Supplemental Environmental Projects Allows organization to do other work in lieu of punishment Must not be generally required to perform Types of ventures Pollution Prevention -Pollution Reduction Environmental Restoration -Audit Projects Compliance Promotion -Planning/Preparedness Final punishment should in any case catch financial advantage 1999 - 197 Decrees and Final Orders w/SEP estimation of more than 236 million David Tetta, Alton Associates LLC

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I. Extent OF RULES- - ONE FORM OF ACTION II. Beginning OF ACTION; SERVICE OF PROCESS, PLEADINGS, MOTIONS, AND ORDERS III. PLEADINGS AND MOTIONS IV. PARTIES V. Testimonies AND DISCOVERY VI. TRIALS VII. JUDGMENT VIII. Temporary AND FINAL REMEDIES IX. Extraordinary PROCEEDINGS X. Area COURTS AND CLERKS XI. GENERAL PROVISIONS XII. Reference section OF FORMS XIII. SUPPLEMENTAL RULES FOR CERTAIN ADMIRALTY AND MARITIME CLAIMS Rules of Civil Procedure David Tetta, Alton Associates LLC

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Controversy Prior to documenting. Protest Answer Intervention Motion Counterclaim Answer to counterclaim Amended Complaint Answer to Amended Complaint. Revelation Pretrial Order Appointment of Amicus Motion for Recusal Trial 2d Amended Answer Mistrial Motions Judgment Appeal Steps in Trial Process David Tetta, Alton Associates LLC

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Criminal Enforcement Most ecological statutes have arrangements for criminal implementation General Knowing risk Filing false reports Specific CWA – purposeful releases RCRA – Treatment without allow Fines and detainment David Tetta, Alton Associates LLC

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Process Each area has criminal examinations office Follow up on tips by people, different locales, EPA staff Number of issues in choosing to seek after lead EPA Crimes Section conducts examinations Referral to DOJ for indictment DOJ typically takes case, starts arraignment David Tetta, Alton Associates LLC

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Criminal Prosecution Issues Parallel procedures (common and criminal) Criminal gets need Care taken in criminal-common interchanges Ex. No assessments to bolster criminal examination Information must meet particular criteria to be imparted Double Jeopardy Corporate office tenet EPA hopes to incorporate officers where practicable David Tetta, Alton Associates LLC

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Citizen Suits Most statutes have arrangements for resident suits Started with 1970 CAA - extended as different laws received or altered Must have standing, progressing infringement Can be against office or EPA Notice must be given Provisions for recuperation of lawyer expenses Can be appropriated by EPA/state activity EPA could likewise join or remark on settlement David Tetta, Alton Associates LLC

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