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Allocating Outcomes from Multi-regional Cases (10.04.12)

Introduction

This document provides guidance on how to allocate outputs (conclusions, referrals) and outcomes (penalties, injunctive relief, SEP value, and environmental benefits) from multi-regional civil judicial cases for purposes of determining internal credit for regions in FY 2012.

Lead Region
• The Lead Region:
– Developed and transmitted to DOJ a referral for civil litigation; and,
– Was designated as the Lead Region by Headquarters.
 
• The Lead Region is credited with:
– A referral;
– A civil judicial conclusion;
– A portion of the environmental benefits and the value of the injunctive relief (including SEP value). Benefits are portioned out to all regions where facilities are located. The Lead Region receives credit for its facilities plus facilities from any Non-Participating Regions ; and,
– A portion of the penalty allocated among the regions that submitted a referral.

Participating Region
• A Participating Region:
– Developed and transmitted to DOJ a referral for civil litigation; and
– Provided support on the case in matters related to litigation and/or settlement negotiations.

• A Participating Region is credited with:
– A referral;
– A portion of the environmental benefit and the value of the injunctive relief (including SEP value) allocated among the regions based on where the company did business; and,
– A portion of the penalty allocated among the regions that submitted a referral.

Entering Results into ICIS

ICIS does not automatically link multi-regional cases. As such, Regions must do so manually. Regions should enter output and outcome results from multi-regional cases, as follows:

• The Lead Region enters multi-regional case output and outcome results for facilities that are in their region and for all of the facilities in Non-Participating regions.

• The Lead Region must link its case records to all of the facilities within their region, and to all of the facilities in Non-Participating regions. OECA recognizes there may be situations where it is not reasonable to enter every “facility” for a case. This determination will be made on a case-by-case basis.

• The Participating Region(s) enters multi-regional case output and outcome results for facilities that are in their region.

• The Participating Region must link its case records to all of the facilities within their region. OECA recognizes there may be situations where it is not reasonable to enter every “facility” for a case. This determination will be made on a case-by-case basis.

• Non-Participating region(s) cannot, at this time, enter a record in ICIS from a multi-regional case and therefore cannot enter any multi-regional results associated with facilities located in the region. 
 

Allocating Outcomes from Multi-regional Cases

Introduction

 

This document provides guidance on how to allocate outputs (conclusions, referrals) and outcomes (penalties, injunctive relief, SEP value, and environmental benefits) from multi-regional civil judicial cases for purposes of determining internal credit for regions in FY 2012.

 

Lead Region

•     The Lead Region:

–    Developed and transmitted to DOJ a referral for civil litigation; and,

–    Was designated as the Lead Region by Headquarters.

 

•     The Lead Region is credited with:

–    A referral;

–    A civil judicial conclusion;

–    A portion of the environmental benefits and the value of the injunctive relief (including SEP value).  Benefits are portioned out to all regions where facilities are located.  The Lead Region receives credit for its facilities plus facilities from any Non-Participating Regions  A Non-Participating Region has facilities from multi-regional cases located within the region but has not developed and transmitted to DOJ a referral for civil litigation and has not functioned as the Lead Region or provided support on the case.  ; and,

–    A portion of the penalty allocated among the regions that submitted a referral. The Lead Region will work with the appropriate OCE Division to calculate the environmental benefits, value of injunctive relief and the penalty allocations for the multi-region case at issue.   

 

Participating Region

•     A Participating Region:

–    Developed and transmitted to DOJ a referral for civil litigation; and

–    Provided support on the case in matters related to litigation and/or settlement negotiations.

 

•     A Participating Region is credited with:

–    A referral;

–    A portion of the environmental benefit and the value of the injunctive relief (including SEP value) allocated among the regions based on where the company did business; and,

–    A portion of the penalty allocated among the regions that submitted a referral. A Participating Region will work with the appropriate OCE Division to calculate the environmental benefits, value of injunctive relief and the penalty allocations for the multi-region case at issue.   

 

Entering Results into ICIS

ICIS does not automatically link multi-regional cases.  As such, Regions must do so manually.  Regions should enter output and outcome results from multi-regional cases, as follows:

 

•     The Lead Region enters multi-regional case output and outcome results for facilities that are in their region and for all of the facilities in Non-Participating regions.

 

•     The Lead Region must link its case records to all of the facilities within their region, and to all of the facilities in Non-Participating regions.  OECA recognizes there may be situations where it is not reasonable to enter every “facility” for a case.  This determination will be made on a case-by-case basis.

 

•     The Participating Region(s) enters multi-regional case output and outcome results for facilities that are in their region. 

 

•     The Participating Region must link its case records to all of the facilities within their region.  OECA recognizes there may be situations where it is not reasonable to enter every “facility” for a case.  This determination will be made on a case-by-case basis.

 

•Non-Participating region(s) cannot, at this time, enter a record in ICIS from a multi-regional case and therefore cannot enter any multi-regional results associated with facilities located in the region. In FY 2013, OECA will explore options for changing ICIS so that non-participating regions can be allocated outcome results associated with facilities that are located in the non-participating region.  Additional guidance is forthcoming

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