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Product ID: 400247TMX
 
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Not so Fast: EPA Administrative Orders in a Post-Sackett World

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Copyright 2017
Audio & Reference Manual$219.00Add to Cart Add to Cart


Gain an understanding of the legal basis for administrative orders and how the orders are used.EPA has numerous tools at its disposal to bring enforcement actions but for years, the most effective was the Administrative Order. In addition to not involving input from other enforcement agencies, such orders allowed EPA to hold all of the cards. A recipient could not challenge the factual or legal basis: it could either perform the remedy or wait for EPA to file an enforcement action and bring these challenges in the context of that action. Such a course had significant risks, because the penalties could be doubled for failing to comply with an order. In 2012, the Supreme Court issued its decision in U.S. v. Sackett which held that administrative orders were 'final actions' which could be challenged in court under the Administrative Procedure Act. This should have forced a significant change in how EPA approaches administrative orders. This topic will address the statutory and regulatory background of administrative orders, the Sackett decision and how it has affected compliance negotiations

Authors

David L. Rieser, K&L Gates LLP

Self Study Credit - Audio & Reference Manual

Sponsored by Lorman Education

CLE1.5AZ, CA, CT, GA, HI, IL, ME, MT, NV, NY, VT, WA
CLE1.8MO, NJ, WV

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