News & Analysis as of

Supplemental Environmental Project (SEP) Policy Civil Monetary Penalty

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

Supplemental Environmental Project/Air Enforcement: Mississippi Commission of Environmental Quality and Burnsville Silicon...

The Mississippi Commission on Environmental Quality (“MCEQ”) and Mississippi Silicon LLC (“MS”) entered into an August 27th Agreed Order (“AO”) addressing alleged violations of an Air Permit. See Order No. 7349 24....more

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

Air Enforcement: U.S. Department of Justice/Michigan Enter into Modification of Consent Decree Addressing Dearborn Steel Mill

The United States Department of Justice (“DOJ”) and Michigan Department of Environment, Great Lakes, and Energy (“EGLE”) entered into an October 19th First Material Modification to the Consent Decree (“Modified Consent...more

Williams Mullen

DOJ Policy Restores Settlement Agreements Involving Payments to Non-Governmental Third Parties

Williams Mullen on

Settlement agreements regarding payments to non-governmental third parties were sharply curtailed by the Trump administration. A recent DOJ policy and rulemaking restores the authority for DOJ to enter into settlements...more

BakerHostetler

Supplemental Environmental Projects Set to Return with New Guidelines

BakerHostetler on

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

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

Asbestos Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Sherwood Facility...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and U.S. Pizza Co., Inc., (“U.S. Pizza”) entered into an October 29th Consent Administrative Order (“CAO”) addressing alleged...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

(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

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,...

Hazardous Waste Enforcement: U.S. Environmental Protection Agency and Detroit, Michigan Facility Complaint and Compliance Order

The United States Environmental Protection Agency (“EPA”) and DCI Aerotech Inc. (“DCI”) executed a Complaint and Compliance Order (“Order”) addressing alleged violations of the Resource Conservation and Recovery Act (“RCRA”)...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

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

Storage Tank Enforcement: U.S. Environmental Protection Agency and Town of North Hempstead, New York Enter into Consent Agreement

The United States Environmental Protection Agency (“EPA”) and the Town of North Hempstead, New York (“Town”) entered into a January 9th Consent Agreement and Final Order (“CAFO”) addressing alleged violations of the federal...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

Downey Brand LLP

DOJ Issues Policy Memo Limiting the Use of Supplemental Environmental Projects in Federal Settlements

Downey Brand LLP on

On June 7, 2017, the United States Department of Justice (DOJ) issued a policy memorandum dated June 5, 2017 that prohibits the allocation of settlement funds to non-governmental, third-party organizations, as a condition of...more

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