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About ORC

What we do

ORC is attached to both the Office of Enforcement and Compliance Assurance (OECA) and the Office of General Counsel (OGC).

ORC provides legal advice to the Regional Administrator and other senior managers of Region 5 on all matters relating to their official responsibilities.

ORC represents the Region in judicial and administrative enforcement actions against regulated entities within the jurisdiction of Region 5. In judicial actions, ORC attorneys share responsibility with attorneys from OECA and the US Department of Justice (DOJ), the latter of which represents U.S. EPA in a federal district court. In all enforcement cases, ORC attorneys work closely with other Federal departments and agencies, State and local officials, and industrial and public interest groups.

ORC is also responsible for the defense of Regional officials for actions taken pursuant to their responsibilities under the statutes and regulations governing their programs. In these actions, ORC attorneys work with OGC and DOJ in litigating and negotiating these cases.

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How we're organized

ORC employs approximately 105 attorneys. ORC is divided into two "multi-media" branches. Both branches are equally responsible for all enforcement, defense and legal counsel activities arising under the federal environmental laws as amended.

One or both of the branches also maintains primary responsibility for the Region's various priorities, and for other non-media specific matters, such as matters involving

• American Indian Law
• the Great Lakes
• Information Law
• Labor & Employment Law
• National Environmental Policy Act (NEPA)

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ORC Staff

• ORC staff directory
• ORC Experts Directory - for specific legal issues

Regional Counsel - Robert A. Kaplan

As Regional Counsel, Robert (Bob) A. Kaplan oversees an office of approximately 130 staff that is responsible for the conduct of civil and criminal enforcement actions under all federal environmental statutes throughout the six-state Midwest region. Mr. Kaplan and his staff serve as legal counsel to the Regional Administrator, Deputy Regional Administrator, and the various program offices and service organizations within the regional office. In addition to counseling their clients on environmental law, the U.S. EPA regional lawyers provide advice on matters including government ethics, contracts, grants, employment and labor law, tribal law, and information law.

Prior to his appointment as Regional Counsel, Mr. Kaplan was the Director of the Special Litigation and Projects Division at the U.S. EPA's Office of Enforcement and Compliance Assurance, in Washington, D.C. His division handled multimedia enforcement matters, as well as taking the lead on targeted issues such as CAFO enforcement and worker protection. The division was also responsible for implementation of U.S. EPA's audit and Supplemental Environmental Project (SEP) policies.

Before joining U.S. EPA in January 2003, Mr. Kaplan was Senior Counsel at the Justice Department's Environmental Enforcement Section (EES). His duties at EES included lead counsel in one of the largest of the cases brought by the Justice Department under the Clean Air Act against coal-fired power plants. Mr. Kaplan joined the Justice Department under the Attorney General's Honor Program in 1992, after clerking for the Honorable James Lawrence King, Chief Judge of the Southern District of Florida.

Mr. Kaplan is originally from Boston, and is a graduate of Carleton College and the University of Pennsylvania Law School.

Deputy Regional Counsel - Bertram C. Frey

As Deputy Regional Counsel, Bertram C. Frey is responsible for review of enforcement cases, and defensive litigation for air, water, safe drinking water, pesticides, toxic substances, oil pollution, hazardous waste and Superfund matters in Region 5. Mr. Frey also reviews financial law, tribal law, labor law and personnel law matters for the region. Complete biography, published articles, selected speeches, and testimony (PDF) (15pp, 145K)

Mr. Frey currently serves on the advisory board of the Legal Institute for the Great Lakes and is former chair of the Environmental Commission of Highland Park, Illinois (2005- 2008). Mr. Frey also served two terms as chair of the Environmental Law Section Council, Illinois State Bar Association (2008-2009 and 1999-2000).

Mr. Frey has published numerous articles on environmental law topics including: international environmental law, environmental self-audits and self-audit policy, environmental enforcement, public water supply (legal issues), underground storage tanks, the public trust doctrine as a vehicle for environmental protection, and antibacksliding provisions of the Clean Water Act.

Prior to his service with the U.S. EPA, Mr. Frey served as a law clerk to two former Presiding Judges of the Illinois Appellate Court, 5th District, the Honorable Charles E. Jones and the Honorable John Karns. Mr. Frey received his undergraduate degree from Haverford College in 1969 and his law degree from the Washington University School of Law in 1974. Mr. Frey is admitted to the bar in both Illinois and Pennsylvania.

Regional Judicial Officer - Marcy A. Toney

Under EPA's Consolidated Rules of Practice (40 C.F.R. Part 22 (PDF) (26pp, 129K About PDF)), the Regional Judicial Officer (RJO) serves as the Presiding Officer (and rules on all motions made) before an answer to the complaint is filed (40 C.F.R. 22.4(b) and 22.16(c)) in proceedings subject to the Administrative Procedure Act (APA) (40 C.F.R. Part 22 Subpart A-H). These motions typically include motions for extension of time to answer or otherwise plead, motions to dismiss and motions for default. In cases filed under Subpart I of the Consolidated Rules of Practice that are not subject to the APA, the RJO serves as Presiding Officer throughout the proceeding, conducting the hearing and ruling on all motions until an initial decision becomes final or has been appealed (40 C.F.R. 22.51).

The RJO also serves as Presiding Officer in various other proceedings not subject to the Consolidated Rules, such as hearings on RCRA Corrective Action Orders (40 C.F.R. Part 24) and CERCLA Lien hearings pursuant to the Supplemental Guidance on Federal Superfund Liens, OSWER Dir. No. 9832.12-1A (July 29, 1993). The RJO can also preside over public hearings held in connection with EPA's regulatory activities, including hearings conducted under NEPA, CERCLA, RCRA, SDWA and CWA.

The RJO/Presiding Officer is bound by EPA's rules pertaining to ex parte discussion of proceedings (40 C.F.R. 22.8). Thus, any communication with the RJO/Presiding Officer that could involve the merits of a proceeding must only be made in the presence of or, if in writing, served upon all parties to that proceeding.

A copy of each document filed in a proceeding must be served on the RJO so long as the RJO remains the Presiding Officer (40 C.F.R. 22.5(b)).

Ms. Marcy Toney has served as Region 5’s Regional Judicial Officer since June 2005. Before that, she served as an attorney adviser in the Office of Regional Counsel for Region 5 and as a trail attorney at the U.S. Department of Justice. She has also worked in the private practice. She has completed coursework in administrative law at the National Judicial College.

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