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Documents

Supreme Court and Appellate Briefs

The Office of General Counsel collaborates with Department of Justice attorneys in the Energy and Natural Resources Division to submit Supreme Court and appellate briefs. Selected briefs are presented by the year the case was decided, and further categorized by statute or topic. A link to the full text of the opinion is also provided.

Cases Decided in 2013

Clean Air Act

Clean Water Act

Employment Discrimination

Cases Decided in 2012

Attorney Fees

Clean Air Act

Clean Water Act

Energy Independence and Security Act of 2007

Freedom of Information Act

Resource Conservation and Recovery Act

Safe Drinking Water Act

Toxic Substances Control Act

Cases Decided in 2011

Attorney Fees

CERCLA

Clean Air Act

Clean Water Act
Endangered Species Act
Energy Independence and Security Act of 2007
Federal Food, Drug, and Cosmetic Act
Freedom of Information Act

Memoranda, Opinions, Guidance Documents, and Determinations

The Office of General Counsel issues memoranda, opinions, guidance documents, and determinations (including class determinations), many of which are for internal Agency use only. However, a number of OGC documents are publicly available in electronic legal research databases such as LexisNexis and Westlaw. Some are published in the Federal Register, and a number, listed below, appear in printed compilations available in most EPA libraries, including the Office of General Counsel Law Library.

Other publicly-available Office of General Counsel documents are available below, grouped by topic:

You will need Adobe Acrobat Reader, available as a free download, to view some of the files on this page. See EPA's PDF page to learn more about PDF, and for a link to the free Acrobat Reader.

Administrative Law
Information Law
CBI (Confidential Business Information) Final Confidentiality Determinations
Persons who submit information to EPA may claim some or all of it as confidential business information ("CBI") under 40 C.F.R. Part 2, Subpart B. OGC is responsible for making the final administrative determination of whether or not business information covered by a business confidentiality claim is entitled to confidential treatment under this subpart.

CBI (Confidential Business Information) Class Determinations
In the context of making final determinations as to whether or not the information should be protected as confidential, OGC may issue class determinations under 40 C.F.R. 2.207.

Class determinations indicate that certain types of business information are or are not entitled to confidential treatment. For OGC to issue a class determination, it must find that EPA possesses related items of business information, and that all these items share one or more characteristics. As a result of these shared characteristics, all these items of information would necessarily be treated identically under the CBI regulations if considered individually. A class determination therefore sets forth certain classes of information that are to be considered by EPA either as confidential or non-confidential. The use of class determinations provides predictability to businesses and the public, and reduces the burden on EPA of making repetitive individual determinations.

Pesticides and Toxic Substances

Water

The following out of print compilations include Office of General Counsel opinions issued from 1970 - 1985. Consult your nearest EPA Library or the Office of General Counsel Law Library for information concerning volumes which are not yet available in digital format.


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