C.F.R. » Title 40 » CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY › SUBCHAPTER A—GENERAL › PART 2—PUBLIC INFORMATION › Subpart C—Testimony by Employees and Production of Documents in Civil Legal Proceedings Where the United States Is Not a Party

40 C.F.R. § 2.403

Procedures when voluntary testimony is requested

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A request for testimony by an EPA employee under § 2.402(b) must be in writing and must state the nature of the requested testimony and the reasons why the testimony would be in the interests of EPA. Such requests are immediately sent to the General Counsel or his designee (or, in the case of employees in the Office of Inspector General, the Inspector General or his designee) with the recommendations of the employee's supervisors. The General Counsel or his designee, in consultation with the appropriate Assistant Administrator, Regional Administrator, or Staff Office Director (or, in the case of employees in the Office of Inspector General, the Inspector General or his designee), determines whether compliance with the request would clearly be in the interests of EPA and responds as soon as practicable.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1987–2022 · leading case: Allens Mfg. Co. v. Napco, Inc., 3 F.3d 502 (1st Cir. 1993).
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Allens Mfg. Co. v. Napco, Inc., 3 F.3d 502 (1st Cir. 1993). “Rather, Allens has found it difficult to prove damages because EPA will not permit its officials to testify, 40 C.F.R. §§ 2.403 , 2.404(a), and Allens did not insist *506 that EPA publicly explain (perhaps in the decree itself) the basis for calculating the fíne.”
Davis Enter. v. United States Env't Prot. Agency, 877 F.2d 1181 (3rd Cir. 1989). · cites it 3× “40 C.F.R. § 2.403 (1988). The purpose of the EPA regulations on this subject 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…”
In re Issuance of Order Requiring the United States Env't Prot. Agency, 831 F.2d 22 (1st Cir. 1987). “” 40 C.F.R. § 2.403 . The request letter which Sun forwarded on April 3, 1987 provided absolutely no hint of a clue of a suggestion of a reason why Dr.”
Bluestone Env't Grp., Inc. v. Zapisek (D. Mass. 2022). · cites it 2× “On March 3, 2022, Bluestone withdrew its subpoena for testimony in favor of voluntarily requesting Tagliaferro’s testimony in accordance with 40 C.F.R. § 2.403 (Dkt. No. 52-14). On May 25, 2022, Bluestone sent Carl Dierker (“Dierker”), Regional Counsel for EPA Region 1, a…”
United States v. SCA Servs. of Indiana, Inc., 150 F.R.D. 141 (N.D. Ind. 1993). “Additionally, 40 CFR § 2.403 states, in pertinent part: “The General Counsel .”
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