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No More SEPs: New DOJ Policy May Mean Higher Penalties And More Complicated Negotiations In Environmental Cases

On March 12, 2020, the Department of Justice (“DOJ”) Environment and Natural Resources Division (“ENRD”) issued a memorandum announcing a new policy precluding the use of a vast majority of Supplemental Environmental Projects...more

The EPA’s COVID-19 Enforcement Policy—A Reasonable Compromise In Extraordinary Times

Smart companies are planning for scenarios under which they might not be able to comply with environmental laws because of COVID-19. The noncompliance might be trivial—failing to keep up certifications because recertification...more

Sunshine In The Government: Agencies Roll Out Their Guidance Websites

Guidance documents have always been important and useful tools for the regulated community to: glimpse how an agency might use its discretion, determine how an agency might apply a regulation, and simply understand complex...more

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