§1416 Denial of Certification of Applications and of Issuance, Transfer, Suspension, and Revocation of Licenses and Permits; Suspension and Modification of Activities

Summary

The Administrator can refuse to approve or transfer a license for exploration or a permit for commercial recovery, or can deny, suspend, revoke, or change a license or parts of it, if the applicant or the planned activities do not meet the rules in this law or its regulations. The Administrator can do this instead of, or in addition to, civil penalties under section 1462(a) or fines under section 1463. The Administrator can also pause or change activities when needed to avoid conflicts with U.S. international obligations or to prevent situations that might lead to armed conflict. Before taking action, the Administrator must publish notice in the Federal Register and give the person written reasons. If the problem can be fixed, the person gets a reasonable time to fix it, but not more than 180 days unless more time is allowed for good cause. If no correction is made by the end of that period, or if the person does not ask for review before the 30th day after notice, the Administrator may go ahead with the denial, suspension, or revocation. If the person asks for a timely review, they get a formal hearing and a decision based on the record. A notice of proposed suspension or revocation does not stop work unless the President orders an immediate suspension for international or conflict reasons, or the Administrator issues an emergency order to prevent serious harm to the environment or to protect life and property at sea. After the administrative review, the Administrator’s final decision can be challenged in court under chapter 7 of title 5.