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May 6, 2020

DOJ Eliminates SEPs in the Settlement of EPA Enforcement Actions

SEPs

On March 12, 2020, the head of the Environment & Natural Resources Division of the U.S. Department of Justice (“DOJ”) announced that the DOJ will no longer allow the use of supplemental environmental projects (“SEPs”) to offset the payment of civil penalties in the settlement of enforcement actions brought by the DOJ on behalf of the U.S. EPA. SEPs have long been utilized in the settlement of governmental enforcement actions—specifically, settling defendants have agreed to fund projects that provide environmental and community benefits to areas and natural resources impacted by the alleged violation of environmental laws in exchange for a… Read more


Jan 19, 2016

Workplace Violations Become Environmental Crimes

The U.S. Department of Justice (DOJ) announced on December 17, in a memorandum from Deputy Attorney General Sally Quillian Yates, that DOJ is transferring responsibility for the prosecution of many workplace violations to the Environmental Crimes Section of its Environment and Natural Resources Division.  The stated purpose of the transfer of responsibility is to encourage utilizing Title 18, the federal criminal code, to prosecute environmental offenses arising out of worker safety incidents, in order to enhance penalties and increase deterrence.  The Environmental Crimes Section can utilize prosecutions under such statutes as the Clean Air Act, Resource Conservation & Recovery Act,… Read more