On August 21, 2019, the Justice Department issued a memorandum—Using Supplemental Environmental Projects (“SEPs”) in Settlements with State and Local Governments—which curtails the use of supplemental environmental projects (SEPs) in consent decrees and settlement agreements with state and local governments. The new policy will directly impact settlements with municipalities in Pennsylvania, while also reducing the flexibility of settling parties in multi-party cleanups in which a municipal entity is a responsible party.
Read more from my article in this week’s edition of Pa. Law Weekly in The Legal Intelligencer, 42 Pa. L. Weekly 39 (September 24, 2019), by clicking here.