Statutes and Hearings in the United States

Statutes and Hearings in Environmental Law

As administrative agencies have multiplied and their powers increased, Congress has added its own requirements to laws to make sure individuals do not lose their Constitutional protections. The Administrative Procedure Act, the law that forms the backdrop to agency action, is only one source of direction for the agency in this matter.

The Environmental Protection Agency has power under major statutes to choose between a lawsuit and an administrative proceeding when it finds violations of the law. Generally, it chooses administrative action rather than litigation through the court system because the process is easier and quicker. Many agency actions are not subject to a formal hearing process, but administrative action that impacts an individual who is alleged to be a violator must involve the opportunity to be heard.

A person charged with violating an environmental law such as the Clean Air Act or the Clean Water Act faces penalties and/or orders for compliance. A compliance order is significantly different from a penalty order, however, because the facility should have spent the money to comply before the order is issued. The effect of such an order does not penalize the facility as much as it equalizes the cost of owning a facility with the costs other facilities have paid to comply. If the agency action is only for compliance, the “hearing” is likely to be an informal meeting with an agency official and will be held on request. Occasionally, the meeting will be recorded.

If the EPA combines the compliance order with a penalty action, the violator must pay a penalty in addition to the cost of correcting the problem. Thus, a penalty action is closer to a government lawsuit for damages. To ensure that the agency allows the accused party an opportunity to present evidence before the penalty is assessed, Congress has set up particular requirements concerning the type of hearing that must be held. In general, the higher the proposed penalty, the more formal the hearing must be. See administrative penalty order.
Based on “Environment and the Law. A Dictionary”.