Withdrawal and settlement procedures

Under 24.111(a), a complainant may withdraw a complaint at any time before objections are filed by submitting a written withdrawal to the Assistant Secretary.

• The Assistant Secretary will decide whether to approve the withdrawal and must notify the respondent if the withdrawal is approved. See 24.111(a).
• If the withdrawal is because of a settlement under the Energy Reorganization Act, the Clean Air Act, the Safe Drinking Water Act, or the Toxic Substances Control Act, the settlement itself must be submitted for approval under paragraph (d) of 24.111.

No — after objections to the Assistant Secretary's findings and/or order have been filed, a complainant may not withdraw the complaint.

• This prohibition is stated directly in 24.111(b) and ensures the case proceeds through the objection and review process.

Yes — the Assistant Secretary may withdraw and substitute new findings and/or a new order at any time before the expiration of the 30-day objection period, so long as no objection has been filed.

• The substituted findings or order start a new 30-day objection period, which resets the timeline described in 24.106 and is explained in 24.111(b).

Under 24.111(c), a party may withdraw its objections by filing a written withdrawal with the Administrative Law Judge (ALJ) before the ALJ's decision becomes final.

• If the case is on review with the Administrative Review Board (ARB), a party may withdraw its petition for review by filing a written withdrawal with the ARB before that decision becomes final. See 24.111(c).

If the ALJ approves the withdrawal of objections and no other objections are pending, the Assistant Secretary's findings and order become the final order of the Secretary.

• This outcome is described in 24.111(c).

If the ARB approves the withdrawal of a petition for review and no other petitions for that decision are pending, the ALJ's decision becomes the final order of the Secretary.

• See 24.111(c) for this procedure.

Under 24.111(d)(1), investigative settlements are agreements reached by the Assistant Secretary, complainant, and respondent at any time after a complaint is filed and before findings/orders are objected to or become final.

• When all three parties agree, the Assistant Secretary's approval demonstrates consent and finalizes the settlement. See 24.111(d)(1).

Under 24.111(d)(2), after objections to the Assistant Secretary's findings and/or order have been filed, a case may still be settled if the participating parties agree and the settlement is approved by the ALJ (if the case is before the judge) or by the ARB (if the ARB has accepted the case for review).

• A copy of the approved settlement must be filed with the ALJ or the ARB, as applicable. See 24.111(d)(2) and the surrounding paragraph (d).

Under 24.111(e), any settlement approved by the Assistant Secretary, the ALJ, or the ARB becomes the final order of the Secretary and is enforceable under 24.113.

• This means the settlement can be enforced in the same manner as other final orders of the Secretary; see 24.111(e) and 24.113.

If a withdrawal is because of a settlement under the Clean Air Act, the Toxic Substances Control Act, the Energy Reorganization Act, or the Safe Drinking Water Act, the settlement must be submitted for approval as required by 24.111(d).

• The submission and approval requirement is explicitly stated in 24.111(a) and reiterated in 24.111(c).

Under 24.111(a), the Assistant Secretary is the official who decides whether to approve a complainant's written withdrawal filed prior to objections.

• The Assistant Secretary also notifies the respondent of any approved withdrawal; see 24.111(a).

Under 24.111(c), the Administrative Law Judge decides whether to approve withdrawals of objections filed with the judge, and the Administrative Review Board decides whether to approve withdrawals of petitions filed with the ARB.

• This division of authority is set out in 24.111(c).

The 30-day objection period referenced when a substituted order restarts the clock comes from 24.106, which sets the timeline for filing objections to the Assistant Secretary's findings and/or order.

• See 24.111(b) and 24.106 for the interaction between substituted findings/orders and the objection period.

Under 24.111(d), a copy of any adjudicatory settlement reached after objections are filed must be filed with the Administrative Law Judge or the Administrative Review Board.

• The ALJ or ARB must approve the settlement for it to become a final order; see 24.111(d).

Yes — parties are encouraged to submit settlements for approval when the case involves the Federal Water Pollution Control Act, the Solid Waste Disposal Act, or the Comprehensive Environmental Response, Compensation and Liability Act.

• This encouragement is stated in 24.111 and applies to investigative or other settlements in those statutes.

If objections are withdrawn because of a settlement under the Safe Drinking Water Act, the settlement must be submitted for approval in accordance with 24.111(d) before the withdrawal completes the process.

• This requirement is described in 24.111(c) and cross-referenced to paragraph (d).

Yes — any settlement approved by the Assistant Secretary, the ALJ, or the ARB becomes the final order of the Secretary and may be enforced under 24.113.

• The enforcement authority is explicitly referenced in 24.111(e) and the enforcement provision is in 24.113.

If the Assistant Secretary approves a complainant's withdrawal filed under 24.111(a), the Assistant Secretary must notify the respondent of the approval.

• This notification requirement is stated in 24.111(a).

If the ARB approves the withdrawal of a petition for review and no other petitions are pending, the ALJ's decision becomes the final order of the Secretary.

• This procedural result is set out in 24.111(c).