Partner Francis Lyons was quoted in an article regarding the U.S. Department of Justice (DOJ) Memorandum of March 12, 2020, ending its use of supplemental environmental projects (SEP), which formerly allowed companies to complete local, agency-approved environmentally beneficial projects in exchange for mitigating the amount of civil penalties to settle the matter.
In an October interview pertaining to an August 21, 2019, DOJ Memorandum eliminating the use of SEPs in settlements with state and local governments, and announcing an ongoing comprehensive review of SEPs, including in settlements involving private entities, Frank said. “For those entities that may find themselves subject to enforcement in the future, this subject will be of great interest to them.”
However, he added that, “Much of this is tempered somewhat by the fact under the current administration, there is not as much enforcement as we have seen in previous administrations."
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Read more of Frank’s thoughts on SEPs:
Energy & Environmental Law Adviser