Civil Penalties and Fines Part II: Defenses Against Civil Penalties and Fees

Enforcement
Removal Defense
Publication Date

This advisory is part II of a two-part advisory on civil penalties and civil fees. Part I, on how to appeal a civil penalty, is found here. Part II discusses the statutory, common law, and Constitutional defenses advocates can make in opposition to the implementation of the civil penalties. This advisory outlines the various defenses advocates can make to rescind the civil penalties and fees, including statutory arguments, retroactivity arguments, statute of limitations arguments, and Constitutional arguments.

Audience
Practitioners