Statutes And Hearings

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”.

Statutes And Hearings: Open and Free Legal Research of US Law

Federal Primary Materials

The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Statutes And Hearings. This part provides references, in relation to Statutes And Hearings, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

Federal primary materials about Statutes And Hearings by content types:

Laws and Regulations

US Constitution
Federal Statutory Codes and Legislation

Federal Case Law and Court Materials

U.S. Courts of Appeals
United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

Federal Administrative Materials and Resources

Presidential Materials

Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

Executive Materials

Federal Legislative History Materials

Legislative history traces the legislative process of a particular bill (about Statutes And Hearings and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Statutes And Hearings or other topics), or locating the current status of a bill and monitoring its progress.

State Administrative Materials and Resources

State regulations are rules and procedures promulgated by state agencies (which may apply to Statutes And Hearings and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Statutes And Hearings. Finding these decisions can be challenging. In many cases, researchers about Statutes And Hearings should check state agency web sites for their regulations, decisions, forms, and other information of interest.

State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

State opinions of the Attorney General (official written advisory opinions on issues of state law related to Statutes And Hearings when formerly requested by a designated government officer):

Tools and Forms

Law in Other Regions

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