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Environment & Energy Report

Justice Changes Environmental Enforcement for States and Cities

Aug. 21, 2019, 7:51 PM

Federal prosecutors negotiating with a state or city to settle an environmental violation may no longer include an environmental remediation project as part of the agreement under a new Department of Justice memo.

Jeffrey Bossert Clark, who heads the Justice Department’s Environment and Natural Resources Division, clarified his office’s policy toward these types of restoration projects, known as Supplemental Environmental Projects (SEPs), in the Aug. 21 memo.

He said that when a prosecutor strikes a deal with a city or state that requires it to pay for one of these projects, this effectively subverts the legislative processes within...

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