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MassDEP Administrative Enforcement Actions

Wednesday, December 11, 2013 12:00 PM to 1:00 PM
Boston Bar Association - 16 Beacon Street, Boston, MA


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 actions.



Sponsoring Section/Committee(s):




Jennifer Jones


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