Supplemental environmental projects (SEPs) provide one means of addressing environmental violations in alignment with the Biden Administration’s comprehensive environmental justice (EJ) strategy. SEPs were explicitly endorsed...more
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
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
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
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
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
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
The Biden Administration and EPA continue to strengthen and expand the federal Environmental Justice (EJ) strategy as evidenced by the President’s April 2022 Equity Action Plan (Plan) and the United States DOJ’s May 2022...more
In conjunction with the Biden administration’s renewed focus on environmental justice efforts, the Environmental Protection Agency (EPA) is stepping up its enforcement efforts by increasing facility inspections, thereby...more
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
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
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
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
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
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
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
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
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
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
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
The U.S. Department of Justice issued new guidelines on May 5, 2022, for supplemental environmental projects (SEPs) as part of a settlement in civil matters. The Trump administration halted nearly all SEPs in 2017 because of...more
Seyfarth Synopsis: United States Environmental Protection Agency (USEPA) Administrator Michael S. Regan and Attorney General Merrick B. Garland announced the Department of Justice’s (DOJ) comprehensive enforcement strategy to...more
While the Biden administration has struggled to expeditiously implement carbon reduction and sustainability goals, the United States Environmental Protection Agency (USEPA) continues to move the needle on a number of notable...more
Supplemental environmental projects or “SEPs” are “environmental” projects that a defendant agrees to undertake as part of a negotiated settlement of a federal enforcement action. SEPs have been used as a discretionary...more
On April 30, 2021, the Office of Enforcement and Compliance Assurance (“OECA”) of Environmental Protection Agency (“EPA”) issued new internal guidance (the “Memorandum”) outlining actions intended to strengthen enforcement...more