Partner Francis Lyons, a former Department of Justice (DOJ) environmental enforcement attorney and former U.S. Environmental Protection Agency (EPA) regional administrator, was quoted on the DOJ’s memo ending the practice of supplemental environmental projects (SEPs). The nearly 30-year practice was utilized by companies seeking to reduce civil penalties from EPA violations by performing community projects, such as cleaning streams or replacing old school buses.
Frank said that when SEPs were initially rolled out in the early 90s, they were rapidly adopted.
“In that very short time they went from being the exception to pretty much the norm, so this is going to be a disappointment to the regulated community and the enforcement teams in the government,” he said.
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