News & Analysis as of

Environmental Protection Agency (EPA) Clean Air Act Supplemental Environmental Project (SEP) Policy

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

WilmerHale

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

WilmerHale on

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

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

Faegre Drinker Biddle & Reath LLP

USEPA Adds Enforcement Teeth to Promote Environmental Justice, Next Gen Compliance

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

Vinson & Elkins LLP

Navigating The Transition: Key Environmental Enforcement Issues To Watch In The Biden Administration

Vinson & Elkins LLP on

While the texts of environmental laws do not change without an act of Congress, executive branch agencies that enforce those laws have a great deal of discretion in what kinds of violations to prioritize for investigation and...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

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

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

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Energy and Environment – Division of Environmental...

The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into...more

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

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Burress, Nebraska Agriculture Retail Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Manning Grain Company (“MGC”) entered into an October 29th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the regulations...more

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

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Environmental Quality Enter into Consent Decree with...

The United States Environmental Protection Agency (“EPA”) in a December 14th news release announced that the federal agency and Arkansas Department of Environmental Quality (“ADEQ”) have entered into a settlement with the...more

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

Air Enforcement: U.S. Environmental Protection Agency and Delaware, Ohio Foundry Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and Liberty Casting Company, LLC (“LCC”) entered into a September 13th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the Clean Air Act...more

Beveridge & Diamond PC

DOJ Clarifies Limits on Third Party Payments in Environmental Settlements

Beveridge & Diamond PC on

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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