The requirement that a defendant be given adequate notice of what he is charged with carries constitutional dimensions and the failure to provide that notice violates due process of law.
Exxon's "failure over an extended period of time to recognize those threats ... was a major cause of the failure, " Transportation officials said in Monday's notice.
Procedure and Administration was asked whether the failure to include a notification about the limitations period invalidates the Notice, and whether two-year period begins even without the language being included in the letter.
That's why, if you spend sufficient time listening to these Panglosses or Cassandras, you'll notice that more often than not, they're entirely wrong - most spectacularly so in their failure to anticipate the financial collapse of 2008.