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. § 2.404

Procedures when an employee is subpoenaed

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(a) Copies of subpoenas must immediately be sent to the General Counsel 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, determines whether compliance with the subpoena would clearly be in the interests of EPA and responds as soon as practicable.

(b) If the General Counsel or his designee denies approval to comply with the subpoena, or if he has not acted by the return date, the employee must appear at the stated time and place (unless advised by the General Counsel or his designee that the subpoena was not validly issued or served or that the subpoena has been withdrawn), produce a copy of these regulations and respectfully refuse to provide any testimony or produce any documents. United States ex rel. Touhy v. Ragen, 340 U.S. 462 (1951).

(c) Where employees in the Office of Inspector General are subpoenaed, the Inspector General or his designee makes the determination under paragraphs (a) and (b) of this section in consultation with the General Counsel.

(d) The General Counsel will request the assistance of the Department of Justice or a U.S. Attorney where necessary to represent the interests of the Agency and the employee.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2014–2022 · leading case: Rodriguez v. Soto-Valentin (D.P.R. 2022).
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Rodriguez v. Soto-Valentin (D.P.R. 2022). “See 40 C.F.R. § 2.404 . This finding militates in favor of quashing the Subpoena.”
Wolfeboro v. Wright-Pierce, 2014 DNH 093 (D.N.H. 2014). · cites it 2× “Discussion In support of the motion to quash, the government represented that pursuant to 40 C.F.R. § 2.404 Arsenault forwarded the subpoena to the Office of General Counsel of the EPA.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.