Hearings Before an EPA Administrative Law Judge
Editors' Summary: Practice before administrative agencies, especially EPA, has always been an important part of an environmental lawyer's job. Administrative practice is becoming increasingly important. Several statutes have recently been amended to provide for the administrative assessment of civil penalties by EPA. The first step after EPA proposes to assess a civil penalty is generally a hearing before an EPA administrative law judge (ALJ). Judge Harwood, EPA's Chief Administrative Law Judge, describes the role of the ALJ within EPA and the statutes under which adjudicatory hearings most frequently arise. Judge Harwood then outlines the procedures followed in hearings before EPA ALJs, from the administrative complaint through the issuance of an initial decision.