RTP's Fourth Branch Podcast

Deep Dive 226 – Due Process Protections in Agency Enforcement Actions


Listen Later

In February 2019, then General Counsel of the Department of Transportation (DOT), Steven Bradbury, issued a memo later dubbed the "Bradbury Memo" that addressed concerns about civil enforcement abuse at the agency. Parts of the memo were subsequently made into binding DOT rules. DOT asserted that these rules were designed to protect the due process rights of those who were the subject of DOT enforcement actions, including a requirement that the agency disclose all exculpatory evidence to those targeted by civil enforcement and the prohibition of "fishing expedition" investigations without sufficient evidence to support a violation.

On April 2, 2021, DOT rescinded these rules without the opportunity for public comment. Thereafter Polyweave Packaging Inc., a company that had been issued a civil penalty order by DOT over alleged regulatory violations, filed suit against DOT claiming the agency violated its due process rights by revoking the Bradbury Memo rules.

The U.S. District Court for the Western District of Kentucky ruled in favor of DOT, the case has been appealed to the Sixth Circuit Court of Appeals and oral arguments were on May 5, 2022.

Featuring:
- Steven Bradbury, Attorney; Former General Counsel, Department of Transportation
- Sheng Li, Litigation Counsel, New Civil Liberties Alliance
- [Moderator] Beth Williams, Board Member, U.S. Privacy and Civil Liberties Oversight Board; former Assistant Attorney General, U.S. Department of Justice

Visit our website – www.RegProject.org – to learn more, view all of our content, and connect with us on social media.
...more
View all episodesView all episodes
Download on the App Store

RTP's Fourth Branch PodcastBy The Federalist Society

  • 4.9
  • 4.9
  • 4.9
  • 4.9
  • 4.9

4.9

28 ratings


More shows like RTP's Fourth Branch Podcast

View all
FedSoc Events by The Federalist Society

FedSoc Events

88 Listeners

SCOTUScast by The Federalist Society

SCOTUScast

106 Listeners

FedSoc Forums by The Federalist Society

FedSoc Forums

84 Listeners

Faculty Division Bookshelf by The Federalist Society

Faculty Division Bookshelf

8 Listeners

Federalist Radio Hour by Radio America

Federalist Radio Hour

3,305 Listeners

The Glenn Show by Glenn Loury

The Glenn Show

2,272 Listeners

The Commentary Magazine Podcast by Commentary Magazine

The Commentary Magazine Podcast

5,175 Listeners

The Lawfare Podcast by The Lawfare Institute

The Lawfare Podcast

6,289 Listeners

Pod Save America by Crooked Media

Pod Save America

87,274 Listeners

Necessary & Proper Podcast by The Federalist Society

Necessary & Proper Podcast

47 Listeners

The Daily Signal by The Daily Signal

The Daily Signal

1,395 Listeners

Interesting Times with Ross Douthat by New York Times Opinion

Interesting Times with Ross Douthat

7,210 Listeners

Strict Scrutiny by Crooked Media

Strict Scrutiny

5,798 Listeners

Advisory Opinions by The Dispatch

Advisory Opinions

3,904 Listeners

The Ezra Klein Show by New York Times Opinion

The Ezra Klein Show

15,892 Listeners

Divided Argument by Will Baude, Dan Epps

Divided Argument

744 Listeners

Honestly with Bari Weiss by The Free Press

Honestly with Bari Weiss

8,703 Listeners

Breaking History by The Free Press

Breaking History

1,070 Listeners