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Supplemental Environmental Projects

18 published works

  1. frESH

    The Revival of Supplemental Environmental Projects and How It May Impact Settlement Agreements Moving Forward

    By Katherine Wenner

    As the US Department of Justice (DOJ) begins to revive the use of Supplemental Environmental Projects (SEPs), it is likely that they will appear again with increasing frequency in settlement…

  2. Inside Energy & Environment

    New Environmental Enforcement Flexibilities in the Biden Administration: What you Can Do Now To Benefit from a Powerful Tool for Resolving Controversies

    By John Mizerak

    The Biden Administration has signaled its willingness to resume the practice of including supplemental environmental projects (SEPs) in settlements by swiftly revoking Trump Administration memoranda which formally eliminated their use. …

  3. Environmental Law Blog

    Supplemental Environmental Projects Revived

    By Michael K. Plumb

    Supplemental Environmental Projects (SEPs) are projects included in enforcement settlements that provide environmental or public health benefits related to the violations being resolved. SEPs have been used as an element…

  4. @theBar

    The Trump Administration’s Final Statements on SEPs

    By Young Lawyers Section

    Post Authored By: Molly Snittjer For decades prior to the Trump administration, Supplemental Environmental Projects (SEPs), have been incorporated into environmental enforcement settlements by the U.S. Department of Justice (“DOJ”)…

  5. The Nickel Report

    New Memo Doubles Down and Bolsters Justice Department Positions on Limiting Supplemental Environmental Projects

    By Shannon S. Broome, Charles H. Knauss, Alexandra Hamilton, Lauren A. Bachtel, Samuel L. Brown, David C. McSweeney, Todd S. Mikolop

    A January 12, 2021 US Department of Justice (DOJ) memorandum extends and provides additional legal analysis to support the government’s increasing drumbeat against settling cases and reducing environmental penalties in…

  6. E2 Law Blog

    New Lawsuit Challenges DOJ Policy Prohibiting SEPs

    By Bernadette M. Rappold, Caleb Holmes

    The ongoing battle over Supplemental Environmental Projects (SEPs) – environmentally-beneficial, beyond-compliance projects that defendants agree to undertake for potential penalty mitigation in settlement of environmental enforcement actions – heated up…

  7. E2 Law Blog

    DOJ’s Attack on ‘Supplemental Environmental Projects’ Extends to Citizen Plaintiffs

    By Caleb Holmes

    The Department of Justice, in the last year, has altered its guidance related to supplemental environmental projects (SEPs), first prohibiting their use in settlements with state and local governments, then…

  8. E2 Law Blog

    Is There Still a Place for Supplemental Environmental Projects in Pennsylvania?

    By Caleb Holmes

    SEPs, which permit a defendant to undertake an environmentally beneficial project in lieu of paying penalties—or in exchange for reduced penalties—have been seen as benefiting defendants, enforcement agencies and communities…

  9. Environmental Law Next

    DOJ Ends the Longstanding use of SEPs in Civil Penalty Settlements

    By Ann Zwick

    The Department of Justice (DOJ) issued a memorandum, dated March 12, 2020, ending a long-standing practice of allowing companies to reduce civil penalties by performing Supplemental Environmental Projects (SEPs).  DOJ…

  10. Mineral Law

    Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

    By Veronica Keithley

    This post was co-authored by Beth Ginsberg & Krista McIntyre. The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the…