Partner Francis Lyons, a former U.S. Environmental Protection Agency (EPA) regional administrator and U.S. Department of Justice (DOJ) Environmental Enforcement Section attorney, was quoted on a DOJ memo that ended the nearly 30-year practice of supplemental environmental projects (SEP).
SEPs were commonly used by companies to make amends for pollution-related violations by performing environmentally beneficial projects in exchange for paying lower civil penalties.
Frank said that the decision will come as “a great disappointment to regulated community members who often take advantages of SEPs, and a disappointment to rank and file case teams at DOJ and EPA.”
He added that the DOJ memo is, “in my view, a fairly significant change in over 30 years of enforcement policy.”
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Read more of Frank’s thoughts on SEPs:
E&E News [link to write-up once it’s posted online]
Energy & Environmental Law Adviser