Topic
Supplemental Environmental Projects
18 published works
frESH
The Revival of Supplemental Environmental Projects and How It May Impact Settlement Agreements Moving Forward
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…
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. …
Environmental Law Blog
Supplemental Environmental Projects Revived
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…
@theBar
The Trump Administration’s Final Statements on SEPs
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”)…
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…
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…
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…
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…
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…
Mineral Law
Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)
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…