Extended Degree Program
Lecture Notes

Approximate Time:

6 hours.

Key Points

In addition to the criminal sanction discussed in the previous lesson, the federal government, and some states, provide for the use of civil procedures to enforce public health and environmental protection regulations. Civil remedies are often more flexible than criminal penalties and allow the agency discretion to achieve its real purpose, full compliance with the statutes and regulations designed to protect the health and safety of the public.

A. Civil Penalties

1. Authority: Like all enforcement actions undertaken by an agency, the authority to impose, or seek, civil penalties must be delegated to the agency -- either by specific statutes governing a particular program or through the broader enabling legislation which established the agency.

2. Use: Depending on the authority delegated to the agency, civil penalties may be imposed in two ways. The first and most common method, is for the agency to file suit in the appropriate court to subject a noncomplying party to a fine within the dollar amount prescribed in the statutory authority. Usually each day of noncompliance constitutes a separate violation. The second method is for the agency to levy the penalty itself. It is relatively uncommon for a local agency to have this kind of authority. Even in state and federal agencies which have been provided with this ability, there is usually a requirement that provisions be made for a hearing either before or after the imposition of the penalty, and in some cases, the agencies are required to have a separate board which reviews the case before the penalty is imposed.

B. Injunctions

Injunctions are equitable remedies which require that a person cease and desist from a certain activity or conform to a rule, regulation, requirement or order that is being presently neglected. Injunctions are considered extraordinary remedies and are granted only if there is not available an adequate remedy at law.

1. Authority: An injunction is distinct from the health officer's initial order to abate, in that it is issued by a court and is not made permanent until a hearing on the issue has been held, and in that the court itself will compel compliance with the order should an injunction be disobeyed. Injunctions may be issued by courts against common law (trespass and nuisance) and under the expressed provision of a statute.

2. Types & Use: The federal terminology for the various kinds of injunctions are as follows.

a. Temporary Restraining Order - These are issued ex parte and for only a limited period of time (7 or 10 days for example).

b. Preliminary Injunctions - These are issued during a dispute which has already entered into litigation. The judge's decision to grant or deny a preliminary injunction will be based on one of two grounds.

1) A preliminary injunction may be granted if the judge believes that an imminent and irreparable harm may occur. This requires a determination that there is serious risk posed by the conditions.

2) It may also be issued to ensure the status quo, that is, to make sure that one side or the other would not de facto lose its position while the case is being heard.

c. Permanent Injunctions. As indicated by its name, this is a decision granting permanent status quo to the terms of the injunction unless it should be subsequently repealed or overturned.

Progress Assessment Exercise

Download the following Microsoft Word file and answer the questions. Your responses should be brief, yet contain sufficient depth to demonstrate your understanding of the issues and/or concepts involved. All progress assessment exercises should be typewritten, well organized and clearly presented. You will be evaluated on the effectiveness and organization of your responses as well as on the substance of the content. When you have finished, email your answers to the instructor. You may also send them by US mail to:

Mr. Charles D. Treser
Department of Environmental & Occupational Health Sciences
University of Washington
Campus Box 357234
Seattle, WA 98195-7234

Exercise No. 13

When you have finished you may proceed to Lesson 14 JudicialRemedies - Civil Actions