News & Analysis as of

Supplemental Environmental Project (SEP) Policy

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

Supplemental Environmental Project/Wastewater Enforcement: U.S. Environmental Protection Agency and Mullan, Idaho Mine Operator...

The United States Environmental Protection Agency (“EPA”) and Hecla Limited (“HL”) entered into a Consent Agreement (“CA”) addressing alleged violations of a Clean Water Act National Pollutant Discharge Elimination System...more

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

(ACOEL) | American College of Environmental...

Poisonous Benefits?

Fifty years ago the Commonwealth of Virginia experienced a human health and environmental crisis when the insecticide Kepone was discovered in the blood of manufacturing workers and in the fish and sediment of the James River...more

Integral Consulting Inc.

Supplemental Environmental Projects: Better than Money and Better Still When Incorporating Justice

Supplemental environmental projects (SEPs) provide one means of addressing environmental violations in alignment with the Biden Administration’s comprehensive environmental justice (EJ) strategy. SEPs were explicitly endorsed...more

Roetzel & Andress

Status of DOJ and EPA Policies on Supplemental Environmental Projects

Roetzel & Andress on

There have been numerous policy changes at the U.S. Department of Justice (“DOJ”) and U.S. EPA during President Biden’s first term. Along with an increased attention to enforcement generally, the policies governing resolution...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

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

Jones Day on

In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Perkins Coie

BOEM Takes Next Step Toward 2023 Gulf of Mexico Offshore Wind Lease Sale

Perkins Coie on

On May 30, 2023, the Bureau of Ocean Energy Management (BOEM) announced its final environmental assessment (EA) of the effects of site characterization and site assessment activities associated with leasing federal waters in...more

McDermott Will & Emery

The EU’s Draft Regulations on SEP Licensing: Additional Context from the Impact Assessment Report

McDermott Will & Emery on

We recently reported on the European Commission’s leaked draft regulations concerning the fair, reasonable and non-discriminatory (FRAND) licensing of standard essential patents (SEPs). Since the publication of that piece, we...more

Kelley Drye & Warren LLP

U.S. Justice Department Unveils New Efforts to Tackle Environmental Justice Concerns

Kelley Drye & Warren LLP on

In this article, the authors review the series of actions announced by Attorney General Merrick B. Garland and Environmental Protection Agency Administrator Michael Regan to advance environmental justice, including the launch...more

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

U.S. Department of Justice Resumption of Supplemental Environmental Projects: National Association of Clean Air Agencies Submits...

The National Association of Clean Air Agencies (“NACAA”) submitted comments on a memorandum issued on May 5th by the United States Department of Justice (“DOJ”) titled: Guidelines and Limitations for Settlement...more

WilmerHale

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

WilmerHale on

Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

ArentFox Schiff

Interim SEP Rulemaking To Reinstate SEPS Facing Opposition From Chamber of Commerce, GOP

ArentFox Schiff on

While the US Department of Justice (DOJ) has sought to return Supplemental Environmental Projects (SEPs) to the quiver of tools, it can use to resolve environmental claims, some stakeholders, including the US Chamber of...more

Akin Gump Strauss Hauer & Feld LLP

StEPing Up to the Plate: Justice Department Restores Favored Enforcement Resolution Tool

The U.S. Department of Justice (DOJ or the “Department”) made way for the return of supplemental environmental projects (SEPs) as a tool to settle violations of federal environmental laws while delivering environmental...more

Lowenstein Sandler LLP

U.S. Department of Justice and U.S. Environmental Protection Agency Launch Enhanced Environmental Justice Strategy

Lowenstein Sandler LLP on

Environmental justice is one of the hottest topics in the environmental world. The New Jersey Department of Environmental Protection (NJDEP) recently rolled out its long-awaited proposed environmental justice regulations,1...more

Williams Mullen

The Federal Government Expands Environmental Justice Strategy Including New Equity Action Plan and Reinstatement of SEPS

Williams Mullen on

The Biden Administration and EPA continue to strengthen and expand the federal Environmental Justice (EJ) strategy as evidenced by the President’s April 2022 Equity Action Plan (Plan) and the United States DOJ’s May 2022...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

Nossaman LLP

EPA to Increase Enforcement Actions Under Environmental Justice Initiatives

Nossaman LLP on

In conjunction with the Biden administration’s renewed focus on environmental justice efforts, the Environmental Protection Agency (EPA) is stepping up its enforcement efforts by increasing facility inspections, thereby...more

Venable LLP

Biden Administration Takes Aggressive Measures to Merge Environmental Enforcement and Equity

Venable LLP on

Over the past month, the Biden administration has taken several noteworthy steps aimed at creating an environmental enforcement strategy focused on addressing pollution that has traditionally been concentrated in low-income...more

Nossaman LLP

Biden Administration Announces New Environmental Justice Initiatives

Nossaman LLP on

On May 5, 2022, Attorney General Merrick B. Garland, along with Environmental Protection Agency (EPA) Administrator Michael S. Regan, announced a series of initiatives intended to “secure environmental justice for all...more

WilmerHale

New Screening Tool Maps Out Path To Advancing Environmental Justice

WilmerHale on

The path to advancing environmental justice (EJ) just got a lot clearer, thanks to a new digital mapping tool created by the White House Council on Environmental Quality (CEQ). CEQ released a “beta” version of the Climate and...more

Pierce Atwood LLP

Justice Department Announces Environmental Justice Enforcement Strategy and Reinstitutes SEPs

Pierce Atwood LLP on

The U.S. Department of Justice (DOJ) recently announced its Environmental Justice (EJ) Enforcement Strategy, which not only provides a roadmap for the Justice Department’s civil and criminal enforcement, but also revives...more

Maron Marvel

Department of Justice Revives SEPs as Part of Environmental Justice Enforcement Strategy Roll Out

Maron Marvel on

In recent days, the U.S. Department of Justice (DOJ) has made a series of announcements aimed at addressing environmental justice concerns and enforcement practices. The actions taken by DOJ include the establishment of the...more

Kelley Drye & Warren LLP

The DOJ Unveils New Efforts to Tackle Environmental Justice Concerns

The Department of Justice (“DOJ”) is the latest executive branch agency to join the Biden-Harris Administration’s (“Administration”) efforts to address environmental justice concerns. On May 5, 2022, Attorney General Merrick...more

Wiley Rein LLP

The Return of the Supplemental Environmental Project

Wiley Rein LLP on

On Thursday, May 5, 2022, the Department of Justice (DOJ) in coordination with the Environmental Protection Agency (EPA) issued a “Comprehensive Environmental Justice Enforcement Strategy” which, most notably, restored the...more

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