The U.S. Environmental Protection Agency's Office of
Administrative Law Judges (OALJ) is an independent office in the
Office of the Administrator of the EPA.
The Administrative Law
Judges conduct hearings and render decisions in proceedings
between the EPA and persons, businesses, government entities, and
other organizations which are or are alleged to be regulated
under environmental laws. Administrative Law Judges preside in
enforcement and permit proceedings in accordance with the Administrative
Procedure Act. Most enforcement actions
initiated by the EPA are for the assessment of civil penalties.
All litigants are offered the opportunity to resolve enforcement cases
through Alternative Dispute Resolution, with an Administrative Law Judge
serving as a neutral, prior to assignment of the case for litigation before
another Administrative Law Judge.
Federal administrative law judges are certified by
the Office of Personnel Management and
appointed in accordance with 5 U.S.C. § 3105.
They have decisional independence
pursuant to Section 557 of the Administrative Procedure Act, 5
U.S.C. § 557 which ensures the fair and impartial resolution of
proceedings.
Decisions issued by the Administrative Law Judges are
subject to review by the
Environmental Appeals Board (EAB).
The Administrative Law Judge's initial decision, which is a
disposition of all of the issues in a proceeding, becomes the
final order of the EPA within 45 days after service upon the
parties unless a party appeals to the EAB or the EAB on its own
initiative elects to review the initial decision.
|