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
Agenda
Faculty
David L. Rieser
K&L Gates LLP
- Of Counsel with K&L Gates LLP
- More than 30 years of private and governmental experience in environmental law, and represents clients in all aspects of environmental practice
- Advises clients in all areas of environmental law, including legislative, regulatory, compliance and law enforcement matters, corporate, commercial and real estate transactions, governmental and private cost-recovery actions, environmental insurance coverage, and remediation of contaminated sites
- Served as a voice for clients in drafting and negotiating regulations in Illinois, won site-specific regulatory relief from the Illinois Pollution Control Board (IPCB)
- Frequent speaker and has written numerous publications
- Adjunct professor at Loyola University Law School
- J.D. degree, Washington University School of Law; A.B. degree, The University of Chicago
- Can be contacted at 312-807-4359
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