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Memo Bolsters DOJ Supplemental Environmental Project Positions

Wednesday, January 20, 2021
A January 12, 2021 US Department of Justice (DOJ) memorandum extends and provides additional legal analysis to support the government’s increasing drumbeat against settling cases and reducing environmental penalties in recognition of Supplemental Environmental Projects or “SEPs.” The new memo addresses the limited circumstances under which attorneys in DOJ’s Environment and Natural Resources Division (ENRD), the division of DOJ that represents EPA and other federal agencies in enforcing environmental laws, may include certain mitigation requirements in settlement agreements. Issued last week by ENRD Assistant Attorney General Jeffrey Bossert Clark on the same day that he announced his departure from the Department, the memo bolsters the previously provided rationale for ENRD’s policy prohibiting SEPs in settlement agreements. It also distinguishes SEPs from “equitable mitigation,” which the memo defines more narrowly and considers to be both permissible and appropriate. The memo also lists criteria to guide ENRD attorneys evaluating whether equitable mitigation measures are appropriate in a given civil enforcement case.

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Toyota to pay $180 mln to settle US emissions violations: govt

Toyota to pay $180 mln to settle US emissions violations: govt
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Toyota to pay $180 million to settle US emissions violations: govt

Toyota will pay $180 million to settle charges it failed to comply with rules mandating that auto companies report problems with vehicle emissions to authorities, the US Department of Justice said on Thursday.

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