Office of Legal Services

The Office of Legal Services is staffed by six attorneys and one support staff. The Office advises and represents all offices of DEM including: Compliance and Inspection, Water Resources, Waste Management, Air Resources, Technical and Customer Assistance, Conservation Law Enforcement, Natural Resource Services, Recreational Services, and Human Resources.

FUNCTIONS INCLUDE

GENERAL LEGAL ADVICE: The Office provides general legal advice to the Director and all Offices within DEM in a variety of areas including environmental and administrative law.

ADMINISTRATIVE LAW: The Office represents DEM in hearings that are held at the Office of Administrative Adjudication on applications for permits and enforcement of environmental statutes. Issues also arise concerning the interpretation and application of environmental statutes and contested matters requiring legal advice. The staff also represents DEM at public hearings.

LITIGATION: The Office enforces and defends environmental laws and decisions of the agency and appears in Federal and State Court to represent the Department (occasionally in conjunction with the Attorney General's office).

REGULATIONS: The Office participates in drafting, revising, and reviewing all rules and regulations promulgated by the Department.

MISCELLANEOUS: Attorneys provide legal services to all DEM offices. Attorneys review and draft regulations, legislation, notices of violations, and represent DEM offices in administrative hearings and in State Superior Court and Federal Courts. Such representation includes: writing memoranda and briefs; drafting orders and motions; attending settlement negotiations; and drafting and reviewing appropriate documents in furtherance of settlement agreements. Duties also include advising DEM offices on program development and procedures. DEM attorneys participate in establishing Administrative Enforcement Policies to develop consistent procedures throughout DEM.

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