This program is the second half of an April Brown Bag on the Massachusetts
Department of Environmental Protection's initiation of enforcement cases.
Presenters Jane Rothchild and Michelle O'Brien will discuss the mechanics and
nuances of administrative enforcement actions from the initial decision to
initiate an action through to its final resolution at the administrative level.
In particular, the presenters will address the case selection process, including
an overview of the process for deciding whether DEP will retain the case for
administrative enforcement or whether the case will be handled by the Attorney
General's Office (civil or criminal enforcement), developing potential penalty
amounts, and negotiating strategies for enforcement conferences. The
presenters will also discuss the recent SJC decision in Franklin Office Park
Realty Corp. v. Comm'r of DEP, which addressed when a violation is "willful
and not the result of error" under the Civil Administrative Penalties Act for
Environmental Violations, and potential challenges to administrative enforcement