Office of Administrative Law Judges 800 K Street, NW, Suite 400-N Washington, DC 20001-8002
Issue date: 19Oct2001
CASE NO: 2002-SWD-00001
...........................................................................................
JEAN F. GREENE
Complainant
v.
EPA Chief Judge Susan Biro;
Environmental Protection Agency (EPA);
EPA Office of Inspector General (OIG);
and EPA Office of Administrative Law Judges (OALJ)
Respondents
..........................................................................................
ORDER ASSIGNING JUDGE
Complainant, Jean F. Greene, has filed a complaint against the United States Environmental Protection Agency et al. alleging discriminatory actions in violation of Section 1450(i)(1)(A-C) of the Safe Drinking Water Act, Section 7001(a) of the Solid Waste Disposal Act, Section (a)(1-3) of the Toxic Substances Control Act, Section 322(a)(1-3) of the Clean Air Act, and/or Section 110(a) of the Comprehensive Environmental Response, Compensation, and Liability Act. The Office of Administrative Law Judges, United States Department of Labor, has jurisdiction over Complainant's appeal from the dismissal of the complaint by the Department of Labor's Occupational Safety and Health Administration under the terms of the aforesaid Acts and 29 CFR Part 24.
Complainant requests that the Administrative Law Judge assigned to hear and decide the case be a judge who was appointed to the Department of Labor subsequent to the retirement of former Department of Labor Chief Judge Nahum Litt because Judge Litt is the spouse of the Complainant. Respondent, Environmental Protection Agency, responds that the request is wholly without merit in that "having worked under Judge Litt as Chief Judge would not necessarily disqualify a judge from impartially hearing [the] matter."
[Page 2]
Complainant's inferred position that the impartiality of this office and the judges employed herein might reasonably be questioned because of the relationship of the Complainant to the former Chief Administrative Law Judge is accepted. The circumstance that the spouse of the former Chief Administrative Law Judge of this office is now a Complainant in a case before this office is unique. A disinterested observer might reasonably question whether a particular administrative law judge in this office would be able to impartially decide the case because of that judge's relationship with the former Chief Judge. See generally 28 U.S.C.A. § 455(a) (a judge shall disqualify himself in any proceeding in which his impartiality might reasonably be questioned). In order to remove any doubt about the presiding ALJ's impartiality, and to focus the proceedings on the merits of the Complainant's case, it is assigned to the Honorable William C. Cregar, Acting Chief, United States Department of Housing and Urban Development, under the provisions of the United States Office of Personnel Management's program for loan of an administrative law judge to the U.S. Department of Labor, pursuant to 5 USC § 3344 and 5 CFR § 930.213.
ORDER
It is hereby ORDERED that:
(1) this case is assigned to the Honorable William C. Cregar, Acting Chief, United States Department of Housing and Urban Development, under a loan of an administrative law judge to the Department of Labor, Office of Administrative Law Judges by the United States Office of Personnel Management pursuant to 5 USC § 3344 and 5 CFR § 930.213; and
(2) all pleadings and other documents shall be filed with Judge Cregar at:
Honorable William C. Cregar
U.S. Department of Labor
800 K. Street, N.W., Suite 400N
Washington, DC 2001-8002
