News & Analysis as of

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

Beveridge & Diamond PC

Environmental Enforcement Update: What to Expect In the Second Trump Administration

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We anticipate President Trump’s upcoming term will usher in significant shifts in U.S. environmental enforcement priorities and practices. Beveridge & Diamond has helped clients navigate every change in administration since...more

Beveridge & Diamond PC

Environmental Enforcement Update: Supplemental Environmental Projects and Mitigation in the Second Trump Administration

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Summary/Key Takeaways - In recent years, federal policy on supplemental environmental projects (SEPs)—voluntary and environmentally beneficial projects resulting from negotiation between the government and an alleged...more

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

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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

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

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

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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

Maron Marvel

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

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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

Wiley Rein LLP

The Return of the Supplemental Environmental Project

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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

BakerHostetler

Supplemental Environmental Projects Set to Return with New Guidelines

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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

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

ArentFox Schiff

DOJ Announces Environmental Justice Office and Focused Enforcement Initiative

ArentFox Schiff on

The US Department of Justice (DOJ) released its long-awaited Environmental justice (EJ) enforcement strategy today, a priority for the Biden Administration. The enforcement strategy will “advance environmental justice through...more

Wiley Rein LLP

In EPA Civil Enforcement, Supplemental Environmental Projects Back on the Table

Wiley Rein LLP on

On Friday, U.S. Department of Justice’s Environment and Natural Resources Division withdrew nine memoranda and policy documents issued by the previous administration related to environmental enforcement. Among those were...more

Pierce Atwood LLP

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

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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

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

Municipal Stormwater Enforcement: U.S. Department of Justice and City of Colorado Springs, Colorado Enter into Consent Decree

The United States Department of Justice (“DOJ”) entered into an October 29th Consent Decree (“CD”) with the City of Colorado Springs, Colorado (“Colorado Springs”) addressing alleged Clean Water Act National Pollution...more

Williams Mullen

Environmental Notes - May 2020

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The United States Department of Justice has terminated its policy of allowing companies to perform supplemental environmental projects (SEPs) in lieu of paying civil penalties for violations of federal environmental laws. The...more

Vinson & Elkins LLP

No More SEPs: New DOJ Policy May Mean Higher Penalties And More Complicated Negotiations In Environmental Cases

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On March 12, 2020, the Department of Justice (“DOJ”) Environment and Natural Resources Division (“ENRD”) issued a memorandum announcing a new policy precluding the use of a vast majority of Supplemental Environmental Projects...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

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

Beveridge & Diamond PC

DOJ Clarifies Limits on Third Party Payments in Environmental Settlements

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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

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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