N.O.A.A. to use E.P.A. administrative law judges for newly docketed enforcement cases

Beginning today, N.O.A.A. will refer new law enforcement cases to administrative law judges (ALJs) from the E.P.A..

Over the last several months, N.O.A.A. has worked with the Office of Personnel Management to find a new source for ALJs. OPM conducted a government-wide search for replacements.

In putting in place a new arrangement for ALJs, N.O.A.A. looked at a number of factors, including experience in hearing enforcement cases, experience in handling complex natural resource issues and a full support infrastructure, among other criteria. ALJs from the E.P.A. have extensive experience handling enforcement cases involving complex federal natural resource statutes, including the Clean Water Act and the Marine Protection, Research and Sanctuaries Act, among many others. The E.P.A. ALJs also have a full support infrastructure, and are able to fully handle NOAA's caseload.

Today's announcement builds on NOAA's previous actions to reform every aspect of its enforcement program. In response to reviews of the plan by the Inspector General that were requested by N.O.A.A. Administrator Dr. Jane Lubchenco, the agency has implemented a number of sweeping changes since January 21, 2010, including:

• New policies and procedures such as a new and uniform nationwide penalty policy for the Office of General Counsel for Enforcement and Litigation (GCEL);
• New leadership in the Office of Law Enforcement and GCEL;
• Greater oversight of lawyers and enforcement agents; and greater oversight of funds spent on the enforcement program.

Any cases docketed with the Coast Guard ALJs prior to today are expected to remain with the Coast Guard ALJs.

To get more information on the reforms to NOAA's enforcement program, visit NOAA's Timeline of Enforcement Plan Improvements.

NOAA's mission is to understand and predict changes in the Earth's environment, from the depths of the ocean to the surface of the sun, and to conserve and manage our coastal and marine resources. Join us on Facebook, Twitter and our other social media channels.

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