Program Summary

Mississippi has no formal EDR initiatives at this time. However, before conducting an environmental enforcement hearing, the MDEQ conducts a face-to-face "show cause" meeting with any party accused of violating an environmental permit or regulation. During the meeting, the MDEQ technical staff explain the factual and legal basis of the allegation. In most cases, a proposed penalty calculation is presented, and the parties discuss possible methods of settlement. This conference method results in the settlement of the vast majority of MDEQ enforcement matters without an administrative hearing. Employees of the MDEQ have received training in general negotiation skills and environmental enforcement negotiation in particular.

The MDEQ sees this conference method as valuable because it creates transparency in the enforcement process. The MDEQ’s technical, legal, and penalty policy basis for its method of enforcement are explained to the accused party in detail. The success of these meetings, demonstrated by a high settlement rate, is one reason why other EDR initiatives have not been implemented.

Presently, the Secretary of State for Mississippi is leading a task force examining a proposal to create a new administrative hearing system. This system would create an Office of Independent Hearing Officers. Although it would not be a statutory requirement, mediation may be one of the responsibilities of these new administrative law judges.

• If an agency wishes to avoid formal enforcement proceedings, nothing replaces a person-to-person meeting with the alleged violator early in the enforcement process.
• To be useful, the conference method must exhibit the agency’s willingness to share enforcement information (such as the legal and technical basis of the complaint).