ETU, Inc. v. Environmental Quality Commission

This is an administrative law case involving a Department of Environmental Quality (DEQ) final order assessing civil penalties against ETU, Inc. (ETU) and Ed Niemi Oil Company, Inc. (Niemi) (collectively, respondents 1 ). The issues presented are whether DEQ erred in choosing to serve a notice of violation and subsequent default orders only on respondents’ registered agent, rather than also serving them on their lawyer, Bakalian. A derivative issue involves whether, if the manner of service was not itself error, DEQ nonetheless erred in denying respondents’ late request for a hearing, when…