Reading Room Document
Administrative Assessment of Civil Penalties Against Federal Agencies Under the Clean Air Act
The Clean Air Act authorizes the Environmental Protection Agency administratively to assess civil penalties against federal agencies for violations of the Act or its implementing regulations. Separation of powers concerns do not bar EPA's exercise of this authority, because it can be exercised consistent with the Constitution. The OLC does not provide release dates for its opinions, so the release date listed is the date on which the opinion was authored. The original opinion is available at www.justice.gov/file/19796/download.
The OLC's Opinions
Opinions published by the OLC, including those released in response to our FOIA lawsuit