Environmental Administrative Decisions: Decisions of the United States Environmental Protection Agency, Volume 2
U.S. Environmental Protection Agency, 1985
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action Administrator Agency alternative amended Appeal application appropriate argues argument arsenate assessed authority BACT baits brief burden Chemical civil penalty claims Company complaint compliance conclusion consider contained continued Corp court dated Decided denial denied determination discharge discussed effect emission enforcement Environmental EPA's established evidence existing facility fact failed Federal FIFRA filed final finding granted hazardous waste hearing Initial Decision injection issue Judge Judicial June limitations matter ment monitoring motion noted notice NPDES operation Opinion parties permit pesticide petition petition for review Petitioners pollutants present presiding officer procedures proceeding proposed Protection raised RCRA reasons record reference regarding Region registration regulations request requirements Respondent result risk rules specific standards submitted tion treatment United violation
Page 385 - The applicable rule is that where the same act or transaction constitutes a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of an additional fact which the other does not.
Page 898 - disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. (4) The term "Federal agency...
Page 177 - When issues not raised by the pleadings are tried by express or implied consent of the parties, they shall be treated in all respects as if they had been raised in the pleadings.
Page 12 - When a law enforcement officer claims authority to search a home under a warrant, he announces in effect that the occupant has no right to resist the search. The situation is instinct with coercion — albeit colorably lawful coercion. Where there is coercion there cannot be consent.
Page 391 - On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule.
Page 178 - If evidence is objected to at the trial on the ground that it is not within the issues made by the pleadings...
Page 381 - When an administrative agency is acting in a judicial capacity and resolves disputed issues of fact properly before it which the parties have had an adequate opportunity to litigate, the courts have not hesitated to apply res judicata to enforce repose.
Page 360 - ... reasons (including the factual basis) therefor, and that, unless the applicant corrects the conditions and notifies the Administrator thereof during the 30-day period beginning with the day after the date on which the applicant receives the notice, the Administrator may refuse to register the pesticide. Whenever the Administrator refuses to register a pesticide, he shall notify the applicant of his decision and of his reasons (including the factual basis) therefor. The Administrator shall promptly...
Page 367 - Secretary, insure that any action authorized, funded, or carried out by such agency (hereinafter in this section referred to as an "agency action") is not likely to jeopardize the continued existence of any endangered species...
Page 316 - Administrator shall take into account the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require.