(a) With the approval of the cognizant Assistant Administrator, Office Director, Staff Office Director or Regional Administrator or his designee, EPA employees (as defined in 40 CFR 3.102 (a) and (b)) may testify at the request of another Federal agency, or, where it is in the interests of EPA, at the request of a State or local government or State legislative committee.
(b) Except as permitted by paragraph (a) of this section, no EPA employee may provide testimony or produce documents in any proceeding to which this subpart applies concerning information acquired in the course of performing official duties or because of the employee's official relationship with EPA, unless authorized by the General Counsel or his designee under §§ 2.403 through 2.406.
Notes of Decisions
Orange Env't, Inc. v. Cnty. of Orange, 145 F.R.D. 320 (S.D.N.Y. 1992).
“” 40 C.F.R. § 2.402 . The stated purpose of this regulation is: to ensure that employees’ official time is used only for official purposes, to maintain the impartiality of EPA among private litigants, to ensure that public funds are not used for private purposes and to establish…”
Davis Enter. v. United States Env't Prot. Agency, 877 F.2d 1181 (3rd Cir. 1989).
“Even when the EPA is not a party, the regulations distinguish between the testimony of an EPA employee when requested by another federal agency, or local or state legislative or executive body, see 40 C.F.R. § 2.402 (a), and such testimony when requested in private litigation,…”
Wolfeboro v. Wright-Pierce, 2014 DNH 093 (D.N.H. 2014).
“” 40 C.F.R. § 2.402 (b). The regulations also provide that “[i]f the General Counsel or his designee denies approval to comply with the subpoena, .”
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