40 CFR 7.120 - Complaint investigations

Cite as40 CFR 7.120
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21 practice notes
  • Sandoval v. Hagan, No. Civ.A. 96-D-1875-N.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 1, 1999
    ...provide private parties with an administrative mechanism through which they can raise allegations of unintentional discrimination. See 40 C.F.R. §§ 7.120-7.130. These regulations provide, in relevant A person who believes that he or she or a specific class of persons has been discriminated ......
  • Californians for Renewable Energy v. U.S. Envtl. Prot. Agency & Scott Pruitt, Case No: C 15-3292 SBA
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 30, 2018
    ...persons has been discriminated against in violation of this part may file a complaint" with the EPA's Office of Civil Rights ("OCR").2 40 C.F.R. § 7.120(a). Title VI regulations may be enforced by the agency only, as they do not create a private right of action. Alexander v. Choate, 469 U.S......
  • Garcia v. McCarthy, Case No. 13-cv-03939-WHO
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • January 16, 2014
    ...he or she or a specific class of persons has been discriminated against in violation of this part may file a complaint [with EPA]." 40 C.F.R. § 7.120(a). Within 20 days of receiving a complaint, "the OCR will review the complaint for acceptance, rejection, or referral to the appropriate Fed......
  • Addressing the problem: the judicial branches
    • United States
    • Environmental justice: legal theory and practice - second edition
    • May 23, 2012
    ...OCR, any party may file a complaint alleging discrimination which the OCR “will review” for acceptance or rejection within 20 days. 40 C.F.R. §7.120(d)(1)(i). If the OCR accepts the complaint, it shall issue preliminary findings within 180 days of the beginning of the complaint investigatio......
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8 cases
  • Californians for Renewable Energy v. U.S. Envtl. Prot. Agency & Scott Pruitt, Case No: C 15-3292 SBA
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • March 30, 2018
    ...persons has been discriminated against in violation of this part may file a complaint" with the EPA's Office of Civil Rights ("OCR").2 40 C.F.R. § 7.120(a). Title VI regulations may be enforced by the agency only, as they do not create a private right of action. Alexander v. Choate, 469 U.S......
  • Garcia v. McCarthy, Case No. 13-cv-03939-WHO
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Northern District of California
    • January 16, 2014
    ...he or she or a specific class of persons has been discriminated against in violation of this part may file a complaint [with EPA]." 40 C.F.R. § 7.120(a). Within 20 days of receiving a complaint, "the OCR will review the complaint for acceptance, rejection, or referral to the appropriate Fed......
  • Sandoval v. Hagan, No. Civ.A. 96-D-1875-N.
    • United States
    • United States District Courts. 11th Circuit. Middle District of Alabama
    • January 1, 1999
    ...provide private parties with an administrative mechanism through which they can raise allegations of unintentional discrimination. See 40 C.F.R. §§ 7.120-7.130. These regulations provide, in relevant A person who believes that he or she or a specific class of persons has been discriminated ......
  • Padres Hacia Una Vida Mejor v. Jackson, No. 1:11–cv–1094 AWI BAM.
    • United States
    • United States District Courts. 9th Circuit. United States District Courts. 9th Circuit. Eastern District of California
    • February 5, 2013
    ...to support standing, but not too speculative to overcome mootness.”). 4. Plaintiffs point out that OCR/EPA is regularly missing 40 C.F.R. § 7.120(d)(1)(i)'s 20 day deadline. However, at the time this lawsuit was filed, OCR/EPA was only presently in violation of 40 C.F.R. § 7.115 as to Plain......
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1 firm's commentaries
7 books & journal articles
  • Addressing the Problem: The Judicial Branches
    • United States
    • Environmental justice: legal theory and practice. 3rd Edition
    • November 20, 2014
    ...the OCR, any party may ile a complaint alleging discrimination which the OCR “will review” for acceptance or rejection within 20 days. 40 C.F.R. §7.120(d)(1)(i). 63. See C.F.R. §7.100. Addressing the Problem: The Judicial Branches Page 403 If the OCR accepts the complaint, it shall issue pr......
  • Addressing the Problem: The Judicial Branches
    • United States
    • Environmental justice: legal theory and practice. 4th edition
    • February 20, 2018
    ...the OCR, any party may ile a complaint alleging discrimination which the OCR “will review” for acceptance or rejection within 20 days. 40 C.F.R. §7.120(d)(1)(i). If the OCR accepts the complaint, it shall issue preliminary indings within 180 days of the beginning of the complaint investigat......
  • Addressing The Problem: The Judicial Branches
    • United States
    • Environmental justice: legal theory and practice
    • February 17, 2009
    ...effects is in question. To obtain a finding from EPA, a party may file a complaint with EPA that sets forth the claim of discrimination. 40 CFR §7.120(d)(1). EPA’s Office of Civil Rights (OCR) will investigate to determine whether the permit issued will create a disparate impact or add to a......
  • The Growth of Environmental Justice and Environmental Protection in International Law: In the Context of Regulation of the Arctic's Offshore Oil Industry
    • United States
    • Sustainable Development Law & Policy Nbr. XIII-1, September 2012
    • September 1, 2012
    ...epa-awards-grant-to-environmental-group/article_856323fa-22d5-11e1-894b-001871e3ce6c.html. 155 40 C.F.R. §§ 7.120(d), 7.115(c). 156 EPA Fails to Enforce Civil Rights Act , supra note 147 (reporting that dozens of complaints have languished at the EPA). 157 U.S. COMMISSION ON CIVIL RIGHTS, N......
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