News & Analysis as of

Environmental Policies Environmental Protection Agency (EPA) Supplemental Environmental Project (SEP) Policy

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

Williams Mullen

The Federal Government Expands Environmental Justice Strategy Including New Equity Action Plan and Reinstatement of SEPS

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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

Nossaman LLP

EPA to Increase Enforcement Actions Under Environmental Justice Initiatives

Nossaman LLP on

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

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

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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

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

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

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

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

Burr & Forman

U.S. Department of Justice Issues New Policy on SEPs

Burr & Forman on

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

Stinson LLP

DOJ Puts Supplemental Environmental Projects Back on the Negotiating Table

Stinson LLP on

The Biden administration hit the ground running on its initiative to "confront the climate crisis." On January 20, 2021, President Biden signed Executive Order 13,990 (EO), which directed all federal agencies to "immediately...more

Foley & Lardner LLP

A New Agenda: Significant Changes in U.S. Environmental Policy Are Expected in 2021

Foley & Lardner LLP on

Joseph R. Biden Jr.’s inauguration on January 20, 2021 as the forty-sixth President of the United States could usher in a sweeping period of environmental regulatory changes vastly eclipsing those of his immediate predecessor...more

Morgan Lewis

Environmental Regulation and Enforcement Outlook

Morgan Lewis on

A new US presidential administration brings new priorities across various areas and industries, including regulation and enforcement of activities that affect the environment. With President-Elect Joe Biden expected to assume...more

Allen Matkins

California Environmental Law & Policy Update - October 2020 #3

Allen Matkins on

President Trump makes agricultural water demands priority for new office - U.S. News & World Report – October 13 - President Donald Trump this Tuesday created what he called a “subcabinet” for federal water issues,...more

Bricker Graydon LLP

DOJ ends use of supplemental environmental projects as settlement tools

Bricker Graydon LLP on

The U.S. Department of Justice (DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the U.S. Environmental Protection Agency (US EPA) and other federal agencies can no longer...more

Pillsbury Winthrop Shaw Pittman LLP

DOJ Ban Pushes Third Parties to the Periphery - A new restriction on settlement payments could limit role of Supplemental...

A one-page memorandum from Attorney General Jeff Sessions could cause significant changes to how settling defendants can use supplemental environmental projects (SEPs) in settling Department of Justice (DOJ) environmental...more

Seyfarth Shaw LLP

DOJ to No Longer Allow Settlements to Include Contributions to Third Parties, Thereby Threatening the Future of SEPs

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Attorney General has directed the Department of Justice to no longer allow payments to third parties as part of resolving federal cases. For environmental cases, this prohibition could...more

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