News & Analysis as of

Attorney General Supplemental Environmental Project (SEP) Policy

Tonkon Torp LLP

Supplemental Environmental Projects Have Been Eliminated, Local Communities To Feel The Pain

Tonkon Torp LLP on

On March 12, 2020, the U.S. Department of Justice (DOJ) ended the long-standing policy of its Environment and Natural Resources Division to allow the use of supplemental environmental projects (SEPs) to offset monetary...more

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

Supplemental Environmental Projects Settlement Option Terminated: March 12th U.S. Department of Justice Environmental and Natural...

Mr. Jeffrey Bossert Clark, Assistant Attorney General of the Environment and Natural Resources Division of the United States Department of Justice (“DOJ”) published a March 12th memorandum titled: Supplemental...more

(ACOEL) | American College of Environmental...

Should Someone be Reading The SEP Policy its Last Rights?

Chances are if you have been on either side of a settlement for an environmental violation over the past 20 years, you have discussed and/or negotiated a supplemental environmental project (SEP) as part of the overall...more

Snell & Wilmer

New Fed Policy Eliminates Ability of Settlement Options to Include Payments to Non-Party NGOs

Snell & Wilmer on

On June 7, 2017, United States Attorney General Jeff Sessions issued a memorandum to all Department of Justice (DOJ) components and 94 United States Attorney’s Offices prohibiting them from entering into any agreement on...more

Alston & Bird

Major Change in DOJ Environmental Penalty Policy

Alston & Bird on

On June 5, 2017, Attorney General Jeff Sessions issued a memo prohibiting DOJ from including payments to third party non-government entities in civil and criminal settlements. This memo will have far reaching consequences...more

Beveridge & Diamond PC

DOJ Eliminates Option of Third Party Payments in Settlements

Beveridge & Diamond PC on

On June 7, 2017, Attorney General Jeff Sessions issued a memorandum prohibiting the U.S. Department of Justice (DOJ) from directing any settlement payments to third-party, non-governmental organizations (NGOs) that were not...more

Foley Hoag LLP - Environmental Law

Attorney General Sessions Bars Settlement Payments to Third Parties: RIP SEPs?

Earlier this week, Attorney General Sessions issued a brief memorandum barring DOJ from entering into any civil or criminal settlement that would provide for a payment by a defendant to any non-governmental person that is not...more

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