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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

Aggressive Environmental Enforcement—The New Reality?

On November 29, 2021, we posted that the U.S. Department of Justice (DOJ) had recently reinstated the Yates memo, a 2015 enforcement policy memorandum that had been rescinded by the Trump Administration. The Yates memo...more

Reinstatement of DOJ Yates Memo

Criminal enforcement of environmental laws is a rarity, despite relatively light evidentiary intent standards. Blatant and unquestionably deliberate violations—the "secret pipe" type—are usually the only ones we see...more

Trump Track: Chevron Deference – Whose Ox Is Gored?

Federal courts often rely on “Chevron deference” in upholding regulations issued pursuant to vague congressional authorization. This doctrine dictates that where the statutory language is unclear, a court will defer to a...more

Trump Track: EPA/DOJ Funding Split

EPA has proposed to end its funding of Superfund enforcement activities by the Department of Justice’s (DOJ) Environment and Natural Resources Division (ENRD). In its proposed budget for FY 2018, EPA has cut the nearly $26MM...more

Ninth Circuit Addresses Finality Requirements for CERCLA Contribution Actions

The Ninth Circuit Court of Appeals revived a contribution action under CERCLA, and in the course of ruling, it addressed three issues of first impression in the Circuit regarding contribution litigation under CERCLA. Asarco,...more

Court Rules DOJ Enforcement Directive Arbitrary and Capricious

A U.S. District Court in Arizona has ruled that DOJ’s narrow interpretation of the requirements for a criminal misdemeanor under the Endangered Species Act went beyond unreviewable prosecutorial discretion, and its policy was...more

DOJ Signals More Aggressive Stance On Environmental Crimes

The Department of Justice announced on December 17, 2015, that it would intensify enforcement of environmental and safety laws by adding in environmental criminal counts to worker safety prosecutions. The worker safety issues...more

BP has settled its Clean Water Act penalty claims, but important questions remain to be decided

The United States and BP lodged their proposed settlement of the remaining claims by the US in connection with the Deepwater Horizon explosion and spill with the US District Court today. Comments to the Justice Department are...more

Corporate Wrongdoing: More Civil and Criminal Liability for Individuals?

The US Department of Justice has issued a memorandum to all of its prosecuting Divisions, directing changes to the principles applied by DOJ in prosecuting civilly or criminally individuals who engage in corporate misconduct....more

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