News & Analysis as of

Supplemental Environmental Project (SEP) Policy Department of Justice (DOJ)

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

Roetzel & Andress on

There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...more

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

Air Enforcement: U.S. Department of Justice/Michigan Enter into Modification of Consent Decree Addressing Dearborn Steel Mill

The United States Department of Justice (“DOJ”) and Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) entered into an October 19th First Material Modification to the Consent Decree (“Modified Consent...more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Kelley Drye & Warren LLP

U.S. Justice Department Unveils New Efforts to Tackle Environmental Justice Concerns

Kelley Drye & Warren LLP on

In this article, the authors review the series of actions announced by Attorney General Merrick B. Garland and Environmental Protection Agency Administrator Michael Regan to advance environmental justice, including the launch...more

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

U.S. Department of Justice Resumption of Supplemental Environmental Projects: National Association of Clean Air Agencies Submits...

The National Association of Clean Air Agencies (“NACAA”) submitted comments on a memorandum issued on May 5th by the United States Department of Justice (“DOJ”) titled: Guidelines and Limitations for Settlement...more

WilmerHale

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

WilmerHale on

Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

ArentFox Schiff

Interim SEP Rulemaking To Reinstate SEPS Facing Opposition From Chamber of Commerce, GOP

ArentFox Schiff on

While the US Department of Justice (DOJ) has sought to return Supplemental Environmental Projects (SEPs) to the quiver of tools, it can use to resolve environmental claims, some stakeholders, including the US Chamber of...more

Akin Gump Strauss Hauer & Feld LLP

StEPing Up to the Plate: Justice Department Restores Favored Enforcement Resolution Tool

The U.S. Department of Justice (DOJ or the “Department”) made way for the return of supplemental environmental projects (SEPs) as a tool to settle violations of federal environmental laws while delivering environmental...more

Lowenstein Sandler LLP

U.S. Department of Justice and U.S. Environmental Protection Agency Launch Enhanced Environmental Justice Strategy

Lowenstein Sandler LLP on

Environmental justice is one of the hottest topics in the environmental world. The New Jersey Department of Environmental Protection (NJDEP) recently rolled out its long-awaited proposed environmental justice regulations,1...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

Venable LLP

Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity

Venable LLP on

Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more

Nossaman LLP

Biden Administration Announces New Environmental Justice Initiatives

Nossaman LLP on

On May 5, 2022, Attorney General Merrick B. Garland, along with Environmental Protection Agency (EPA) Administrator Michael S. Regan, announced a series of initiatives intended to “secure environmental justice for all...more

Pierce Atwood LLP

Justice Department Announces Environmental Justice Enforcement Strategy and Reinstitutes SEPs

Pierce Atwood LLP on

The U.S. Department of Justice (DOJ) recently announced its Environmental Justice (EJ) Enforcement Strategy, which not only provides a roadmap for the Justice Department’s civil and criminal enforcement, but also revives...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

Kelley Drye & Warren LLP

The DOJ Unveils New Efforts to Tackle Environmental Justice Concerns

The Department of Justice (“DOJ”) is the latest executive branch agency to join the Biden-Harris Administration’s (“Administration”) efforts to address environmental justice concerns. On May 5, 2022, Attorney General Merrick...more

Wiley Rein LLP

The Return of the Supplemental Environmental Project

Wiley Rein LLP on

On Thursday, May 5, 2022, the Department of Justice (DOJ) in coordination with the Environmental Protection Agency (EPA) issued a “Comprehensive Environmental Justice Enforcement Strategy” which, most notably, restored the...more

Downey Brand LLP

U.S. Department of Justice Announces New Office of Environmental Justice and Return of Supplemental Environmental Projects

Downey Brand LLP on

On May 5, 2022, the United States Department of Justice (USDOJ) announced a series of actions to inaugurate a comprehensive strategy aimed at enhancing environmental justice efforts. The announcement, and accompanying agency...more

Beveridge & Diamond PC

Department of Justice Takes Historic Action to Prioritize Environmental Justice in Enforcement: What Does it All Mean and What is...

Beveridge & Diamond PC on

On May 5, 2022, Attorney General Merrick Garland announced key developments that would elevate environmental justice (EJ) as a key priority for the nation’s largest and most powerful enforcement agency. These historic...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

WilmerHale

Justice Department Launches Actions to Advance Environmental Justice

WilmerHale on

Attorney General Merrick B. Garland and Environmental Protection Agency (EPA) Administrator Michael Regan recently announced a series of significant actions to advance environmental justice. The U.S. Department of Justice...more

Davis Wright Tremaine LLP

Biden Administration Reinstates Supplemental Environmental Projects as Enforcement Tool

As part of the Biden Administration's overall strategy of enhancing environmental justice, the Department of Justice (DOJ) and Environmental Protection Agency (EPA) jointly announced last week the return (with modifications)...more

Faegre Drinker Biddle & Reath LLP

Department of Justice Launches New Environmental Justice Initiatives

The Department of Justice (DOJ), in coordination with the U.S. Environmental Protection Agency (EPA), has launched three new initiatives in its continuing efforts to prioritize environmental justice (EJ) policies. On May 5,...more

Snell & Wilmer

Office of Environmental Justice & Reviving Supplemental Environmental Projects

Snell & Wilmer on

On May 5, 2022, the U.S. Department of Justice (“USDOJ”) announced the launch of a new comprehensive environmental justice (“EJ”) strategy. The three-prong strategy, as laid out by the U.S. Attorney General in an internal...more

ArentFox Schiff

DOJ Returns to Using Supplemental Environmental Projects Including to Mitigate Harms to EJ Communities

ArentFox Schiff on

On May 5, 2022, the US Department of Justice (DOJ) announced its new environmental justice (EJ) strategy, which has been a priority to the Biden Administration. While the strategy is comprehensive and involves many federal...more

Stinson LLP

Biden Administration Takes Concrete Steps to Prioritize Environmental Justice

Stinson LLP on

The Biden Administration has made clear that environmental justice (EJ) is a priority in all aspects of its environmental work, most recently through Department of Justice (DOJ)-led enforcement efforts. To that end, on May 5,...more

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