Winter Quarter, 2004
Syllabus

Civil actions are legal actions which are based on the principal of equity. That is, the primary function of the civil side of the court is to arrive at a decision which is fair rather than punitive, i.e., it attempts to dispense justice. Civil actions include both injunctions -- requiring a person to do something, or refrain from doing something, and penalties. In environmental health, both are designed to prevent, stop or correct a public health problem or hazard. The distinction can be somewhat confusing, since the imposition of a penalty is punishment for a wrongdoing. However, even the penalty can be viewed as an attempt to right a wrong, rather than to punish a crime.

Lesson Objectives

The readings and discussion for this lesson are intended to enable you to:
1. Understand the major types of civil sanctions available for use in environmental health; and,
2. Be able to describe the procedures for applying civil sanctions in a particular situation.

Lesson Assignment

1. Grad:
• Chapter 11 ’Äî Civil Sanctions, pp. 192 -205, and
• Chapter 10 ’Äî Injunctions, pp. 181-191.
2. Stautes & Regulations:
• TSCAct, ¬ß7 and ¬ß15-16(a) (15 USC 2606 & 2614-2615).
• FDCAct, ¬ß303 (21 USC 333).
• OSHAct, ¬ß¬ß9-11, (29 U.S.C. 658-660).
• RCRAct, ¬ß3008(a) (42 USC 6928).
3. Required Readings:
   • Reading #23 - FDA Food Service Sanitation Manual, ¬ß10-602.
   • Reading #35 - Ligon, R. Legal Aspects of Disease Control Administration.
   • Reading #36 - Sikora, V. A., Proving Environmental Health Violations, Journal of Environmental Health, 1981, 43(4):195-200.
   • Reading #37 - United States v. L. O. Ward, 100 S.Ct. 2636 (1980).

Lesson Outline

1. Civil Penalties
   1. Authority
   2. Use
   3. Procedure
   4. Effect
2. Injunctions
   1. Authority
   2. Types & use
   3. Procedures
   4. Effect

Lecture Slides

References / Additional Readings

1. Gellhorn E, Levin RM. "Formal Adjudications", Chapter 7 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 242-295.
2. Gellhorn E, Levin RM. "Procedural Shortcuts", Chapter 8 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 296-308.
3. Gellhorn E, Levin RM. "Obtaining Judicial Review", Chapter 10 in Administrative Law and Process in a Nutshell, West Publishing Co., 1990, pp. 353-398.
4. Kionka EJ. Torts: Injuries to Persons and Property in a Nutshell, West Publishing Co., 1977.

For Extended Degree Students Only

Key Points

Progress Assessment Exercise

Please proceed to Lesson 14. Agency & Persinal Liability