About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-194508 1 (1979-07-19)

handle is hein.gao/gaobadhks0001 and id is 1 raw text is: THE COMPTPOLLER GENERAL OF THE UNITED STATES W \AAS H IN G TDN 0 . C. 2 05 4 E FILE: B-194508 DATE: July 19, 1979 MATTER OF: )Civil Penalties Imposed on Federal Agenciesfor Violations of Local Air Quality Standards - ource of Funds for Payment DIGEST: 1. Fine or penalty assessed administratively by State or local authority against Federal agency for viola- tion of local air pollution law, although it is claim against United States which local authority could sue to enforce, may not be referred to Attorney General for defense of imminent litigation if agency does not dispute basis for or amount of fine. Funds appro- priated by 31 U. S. C. § 724a for payment of compro- mise settlements, negotiated by Attorney General in connection with imminent litigation (28 U. S. C. 5 2414), are therefore not available to pay fine. 2. Civil penalties imposed administratively on Federal facilities by State or local agencies for violations of local air pollution regulations must be paid from Federal agency's appropriation if incurred in the course of activities necessary and proper or inci- dental to fulfilling the purposes for which the appro- priation was made. B-191747, June 6, 1978. 3. Civil penalties imposed on Federal agencies by court after suit is brought against them for violation of local air pollution law, either in accordance with terms of consent decree or stipulated settlement, or as result of judgment on the merits, may be paid, upon proper certification by Attorney General (28 U.S. C. § 2414), from permanent indefinite appropriation for judgments and compromise settlements established by 31 U. S. C. 5 724a. The Assistant Attorney General, Land and Natural Resources Division, Department of Justice (Justice), requested our opinion on the available source of payment, in various circumstances, of civil penalties assessed against Federal facilities for violation of State or local air pollution regulations. (The United States was made subject to these penalties by section 118 of the Clean Air Act, as amended, 42 U. S. C. § 7418.) The specific occurrences which precipitated Justice's request are the imposition of administrative penalties against the Department of the Navy (Navy) by two local air pollution control agencies, the

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most