Administrative Law
Administrative Law practice requires that we address issues on behalf of our clients that include:
- Defense of administrative enforcement actions related to most regulatory programs issued or instituted by state or federal administrative agencies
- Representing clients in securing, modifying or challenging permits issues by state or federal administrative agencies
- Commenting on proposed state and federal regulations on behalf of clients
Administrative Law matters in which the firm has or attorneys with the firm have been involved include the following:
- Defense attorney representing of a solid waste processing facility in an administrative law enforcement action to under the solid waste regulations to close certain processing tanks not addressed under a state-approved closure plan
- Defense attorney representing of a former owner and operator of a refinery in a state administrative law regulatory enforcement action under the hazardous waste regulations for remediation of groundwater
- Defense attorney on behalf of a solid waste processing facility and successfully had Solid Waste Order to Close reversed
- Defense attorney representing a chemical blending company in a state regulatory administrative law enforcement action pursuant to the hazardous waste regulations for allegedly failing to conduct hazardous waste determinations, allegedly failing to respond to spills of chlorinated solvents, allegedly storing an offsite third party’s hazardous waste, allegedly disposing of hazardous waste, allegedly failing to implement a personnel training program, allegedly failing to prepare and follow a contingency plan and allegedly failing to notify the state of certain hazardous waste activities.
- Defense attorney on behalf of a polyethylene manufacturer against the state police hazardous materials section for administrative law penalties issued for allegedly late reporting of ethylene releases
- Defense attorney representing an oil transportation company in a state administrative law regulatory enforcement action under the hazardous waste transporter and storage regulations
- Defense attorney representing a commercial TSD facility in a state administrative law enforcement action for allegedly failing to submit an annual report under the air quality regulations for a category of emissions that did not become subject to reporting requirements until November of the reporting year
- Prepared comments on proposed state solid and hazardous waste regulations on behalf of a state-level industry association
Administrative law is the area of law that governs the activities of administrative agencies of government. Actions of a government agency can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is typically considered a branch of public law. As an area of law, administrative law deals with the decision-making of administrative agencies of government (e.g., tribunals, boards or commissions) that are part of a state or national regulatory scheme in such areas as police law, international trade, manufacturing, the environment, labor, taxation, broadcasting, wildlife, immigration and transport. Administrative law expanded a great deal during the twentieth century, as legislative bodies worldwide set up more government agencies to regulate the increasingly complex social, economic, environmental and political spheres of human interaction.
The authority of administrative agencies is directly tied to their organic statute, and must always be consistent with constitutional constraints and legislative intent. Generally speaking, agencies do not have the power to enact a regulation where:
- The regulation is an unconstitutional delegation of power (courts almost never invalidate a regulation on this ground);
- The organic statute explicitly denies authority;
- The regulation is not based on factual or scientific findings;
- The regulation does not serve the “public convenience, interest, or necessity”; or
- The regulation is exceeds the agency’s statutory authority as articulated in its organic statute.
The acts of agencies acts are divided into two broad categories: rulemaking and adjudication.