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
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
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
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
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
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
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