News & Analysis as of

Environmental Litigation Department of Justice (DOJ)

Bradley Arant Boult Cummings LLP

Environmental Liability in Bankruptcy: The Comprehensive Environmental Response, Compensation, and Liability Act Perspective

In general, environmental law seeks to protect public health and the environment by providing for liability, compensation, cleanup, and emergency response to the release or disposal of hazardous substances. And more...more

King & Spalding

Key Recent Developments In Environmental Justice Litigation

King & Spalding on

Louisiana remains at the forefront of environmental justice activity. In just four days from January 19 to January 23, 2024, two courts in Louisiana offered interpretations to environmental justice efforts in the State of...more

Latham & Watkins LLP

Companies Face Increased Criminal Enforcement Risk From Aging Infrastructure-Related Disasters

Latham & Watkins LLP on

Utilities and energy companies can implement strategies to mitigate risks from more frequent environmental disasters and infrastructure failures. In the early morning of June 11, 2023, a tanker truck carrying gasoline up...more

Williams Mullen

DOJ Policy Restores Settlement Agreements Involving Payments to Non-Governmental Third Parties

Williams Mullen on

Settlement agreements regarding payments to non-governmental third parties were sharply curtailed by the Trump administration. A recent DOJ policy and rulemaking restores the authority for DOJ to enter into settlements...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permitting/Clean Water Act: U.S. Environmental Protection Agency Motion to Dismiss Arkansas Department of Energy &...

As noted in an April 27th blog post, the Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States...more

Maron Marvel

Department of Justice Revives SEPs as Part of Environmental Justice Enforcement Strategy Roll Out

Maron Marvel on

In recent days, the U.S. Department of Justice (DOJ) has made a series of announcements aimed at addressing environmental justice concerns and enforcement practices. The actions taken by DOJ include the establishment of the...more

BakerHostetler

Supplemental Environmental Projects Set to Return with New Guidelines

BakerHostetler on

On May 5, Attorney General Merrick Garland announced the return of supplemental environmental projects (SEPs) in U.S. Department of Justice (DOJ) settlements. SEPs are voluntary projects intended to benefit the environment...more

Foley Hoag LLP - Environmental Law

DOJ Gets Off Its Moral High Horse: Ameren Missouri Will Close Early

In January, I noted that Ameren Missouri had surrendered in its defense of the NSR enforcement action brought by DOJ with respect to the Rush Island generating facility.  Ameren Missouri submitted to the Court a proposal to...more

Mintz

What are Courts supposed to do when the Executive Branch says it is incapable of doing its job?

Mintz on

This week the Massachusetts Attorney General joined the Department of Justice in asking the First Circuit Court of Appeals to overturn what has been the law in the First Circuit for thirty years -- one can't bring a citizen...more

Wiley Rein LLP

The Current and Future Landscapes of EPA Criminal and Civil Enforcement

Wiley Rein LLP on

In this episode of Green Earth White Collar, Wiley Associates Grace Mahan and Holly Wilson discuss the trends they’ve seen in EPA criminal and civil enforcement over the last year and share their predictions for EPA...more

Vinson & Elkins LLP

[Webinar] Navigating Environmental Enforcement in the Biden Administration - March 10th, 12:00 pm - 1:00 pm CT

Vinson & Elkins LLP on

While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...more

Pierce Atwood LLP

SEPs Are Back: Biden Administration Rescinds Ban on Supplemental Environmental Projects

Pierce Atwood LLP on

In March 2020, the U.S. Department of Justice Environment and Natural Resources Division (ENRD) issued a memorandum ceasing the use of Supplemental Environmental Projects (SEPs) as part of settlements of federal environmental...more

McGlinchey Stafford

DOJ to Stop “Piling On” and “Overfiling” Under Clean Water Act

McGlinchey Stafford on

Is federalism alive and well? Has the federal government decided to give up “piling on” and “overfiling” in environmental enforcement actions? It seems so. On July 27, 2020, in an effort to promote federalism, U.S. Department...more

Allen Matkins

California Environmental Law & Policy Update - July 2020 #5

Allen Matkins on

Federal agencies to limit water pollution enforcement where states have taken action - Bullet The Hill – July 27 - The U.S. Department of Justice (DOJ) on Monday released a memorandom stating that it will not pursue...more

Vinson & Elkins LLP

[Webinar] Navigating Environmental Compliance in the COVID Age - June 18th, 12:00 pm - 1:00 pm CT

Vinson & Elkins LLP on

As companies navigate the unprecedented effects on business operations and supply chains caused by the COVID-19 pandemic, complying with local, state, and federal environmental laws and regulations has presented new...more

Akin Gump Strauss Hauer & Feld LLP

SEParating from Tradition: Justice Department Prohibits Use of Supplemental Environmental Projects to Resolve Civil Enforcement...

- Effective March 12, 2020, the U.S. Department of Justice is no longer including supplemental environmental projects (“SEPs”) in the settlement of civil enforcement actions brought by the U.S. Environmental Protection...more

Stoel Rives - Environmental Law Blog

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include...more

Faegre Drinker Biddle & Reath LLP

Department of Justice Eliminates Use of Supplemental Environmental Projects in Civil Settlements

Most enforcement actions for violations of environmental law are resolved through settlement agreements or consent decrees. A March 12, 2020, memo issued by U.S. Department of Justice (DOJ) Environment and Natural Resources...more

Allen Matkins

California Environmental Law & Policy Update - March 2020 #3

Allen Matkins on

A Note to Our Readers: Although the coronavirus and its many disruptions are dominating the news, we will continue to publish the California Environmental Law and Policy Update so long as there are newsworthy developments in...more

WilmerHale

DOJ Significantly Limits the Use of Supplemental Environmental Projects

WilmerHale on

The US Department of Justice (DOJ) Environment and Natural Resources Division has announced a major overhaul in the use of Supplemental Environmental Projects (SEPs) - a key penalty mitigation approach commonly used in...more

(ACOEL) | American College of Environmental...

Three Steps Back – DOJ Restrictions on Use of SEPs Are Misguided and Counter-Productive

The U.S. Department of Justice (DOJ) has taken three steps since June 2017 through August 2019 that severely limit the use of Supplemental Environmental Projects (SEPs) in civil environmental settlements. Those actions are...more

Jackson Walker

Three Important Memos Affecting EPA Enforcement Actions

Jackson Walker on

Three memos with potentially important implications for enforcement were recently issued—one by EPA and two by the U.S. Department of Justice (DOJ)....more

Beveridge & Diamond PC

DOJ Clarifies Limits on Third Party Payments in Environmental Settlements

Beveridge & Diamond PC on

In a memorandum issued earlier this month, the U.S. Department of Justice (DOJ) clarified how a policy prohibiting settlement payments to third parties, announced in June 2017, will apply in cases handled by DOJ’s...more

Nossaman LLP

New DOJ Policy Curbs Settlements Funding Third-Parties

Nossaman LLP on

A recently-issued U.S. Department of Justice policy memorandum (“Policy Memo”) substantially narrows DOJ’s authority to approve settlements that include payments to or for the benefit of third-party non-governmental entities....more

WilmerHale

DOJ Directive Threatens Availability of Penalty Mitigation Approach

WilmerHale on

A June 5, 2017, Department of Justice (DOJ) policy directive threatens the ongoing availability of Supplemental Environmental Projects (SEPs) in civil environmental settlements. SEPs have traditionally provided a means by...more

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