News & Analysis as of

Environmental Violations Clean Air Act Supplemental Environmental Project (SEP) Policy

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Blytheville Steel Mill...

The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and Nucor-Yamato Steel Company (“Nucor”) entered into a March 24th Consent Administrative Order (“CAO”) addressing an alleged...more

Beveridge & Diamond PC

Environmental Enforcement Update: What to Expect In the Second Trump Administration

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We anticipate President Trump’s upcoming term will usher in significant shifts in U.S. environmental enforcement priorities and practices. Beveridge & Diamond has helped clients navigate every change in administration since...more

Jones Day

U.S. Intensifies Environmental Crime Enforcement in Puerto Rico and U.S. Virgin Islands

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In Short - The Situation: The U.S. Department of Justice ("DOJ" or "Department") and the U.S. Environmental Protection Agency ("EPA") recently announced the creation of a regional, cross-agency taskforce, targeting...more

Mitchell, Williams, Selig, Gates & Woodyard,...

U.S. Department of Justice Resumption of Supplemental Environmental Projects: National Association of Clean Air Agencies Submits...

The National Association of Clean Air Agencies (“NACAA”) submitted comments on a memorandum issued on May 5th by the United States Department of Justice (“DOJ”) titled: Guidelines and Limitations for Settlement...more

WilmerHale

Supplemental Environmental Projects: Environmental Settlement Tool Poised to Advance Environmental Justice

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Future federal environmental settlements are likely to include more creative remedies to address the impacts of violations on communities, thanks to recent policy changes at the US Department of Justice (DOJ)....more

Stoel Rives - Environmental Law Blog

Reversing 30-Year Policy, U.S. DOJ Says Settlements Can No Longer Include Supplemental Environmental Projects (SEPs)

The U.S. Department of Justice (U.S. DOJ) recently issued a memorandum stating that settlements, including consent decrees, entered by the Environmental Protection Agency (EPA) and other federal agencies can no longer include...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: U.S. Environmental Protection Agency/Arkansas Department of Energy and Environment – Division of Environmental...

The U.S. Environmental Protection Agency (“EPA”) in a February 5th news release announced that the federal agency and Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) have entered into...more

Mitchell, Williams, Selig, Gates & Woodyard,...

112(r)/Air Enforcement: U.S. Environmental Protection Agency and Burress, Nebraska Agriculture Retail Facility Enter into Consent...

The United States Environmental Protection Agency (“EPA”) and Manning Grain Company (“MGC”) entered into an October 29th Consent Agreement and Final Order (“CAFO”) addressing an alleged violation of the regulations...more

Beveridge & Diamond PC

DOJ Clarifies Limits on Third Party Payments in Environmental Settlements

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In a memorandum issued earlier this month, the U.S. Department of Justice (DOJ) clarified how a policy prohibiting settlement payments to third parties, announced in June 2017, will apply in cases handled by DOJ’s...more

WilmerHale

DOJ Directive Threatens Availability of Penalty Mitigation Approach

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A June 5, 2017, Department of Justice (DOJ) policy directive threatens the ongoing availability of Supplemental Environmental Projects (SEPs) in civil environmental settlements. SEPs have traditionally provided a means by...more

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