Partner Francis Lyons, a former U.S. Department of Justice (DOJ) environmental enforcement attorney and U.S. Environmental Protection Agency regional administrator, was quoted on the former DOJ environmental division chief’s memos barring the use of supplement environmental projects in civil settlements (SEPs).
Frank said that the memos drew widespread criticism because SEPs are often favored by defendants, government attorneys, and communities, and seen as preferable to simply a larger payment to the government.
The current DOJ has rescinded nine Trump-era environmental memos, including the one barring the use of SEPs.
"It's a very useful tool for all parties," Frank said, "I think it will be viewed as a very welcome development by both government enforcement teams as well as the regulated community and the communities that benefit from performance of SEPs."
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