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In re E.I. du Pont de Nemours

11/05/2004

ELR Citation:34 ELR 47849

An administrative law judge (ALJ) denied the corporation's motion to modify the prehearing order after the corporation sought to force EPA's Office of Regulatory Enforcement (ORE) to respond to its requests for admissions at the time when ORE files its initial prehearing exchange. The ALJ denied this motion after ORE pointed out the preamble to the Rules of Practice acknowledging that the applicable prehearing exchange and discovery procedures are more strict than that of discovery purposes or require the attendance of witnesses or precaution of documentary evidence by subpoena. The ALJ encouraged the corporation and ORE to seek voluntary admission from each other to reduce the issues and facts.