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Wednesday, March 10, 2021 The Biden administration is seeking to reverse the Department of Justice’s (DOJ) controversial prohibition on the use of Supplemental Environmental Projects (SEPs) in civil settlements imposed by the Trump administration. The prohibition on the DOJ’s discretion to use SEPs in settlements of environmental cases was announced in a memorandum issued by Jeffrey Bossert Clark, Assistant Attorney General of the Environment and Natural Resources Division (ENRD) of the DOJ, on March 12, 2020. AAG Clark had expanded the rationale for disallowing the use of SE...

TSCA/FIFRA/TRI “Environmental Justice: Operationalizing TSCA to Fulfill Its Destiny,” By Lynn L. Bergeson For The American College Of Environmental Lawyers (ACOEL) Blog: The Biden Administration has embraced environmental justice with unprecedented gusto. In its July 2020 Plan to Secure Environmental Justice and Equitable Economic Opportunity, the Biden Administration sets out in broad terms how it intends to use an “All-of-Government” approach to “rooting out systemic racism in our laws, policies, institutions, and hearts.” Read the full article online. EPA Issues Final Complianc...

To embed, copy and paste the code into your website or blog: Late last week, the Justice Department withdrew nine Trump-era policy and guidance documents that shaped how the Department’s Environment and Natural Resources Division (ENRD) enforced environmental law during the past several years. The memo, issued by Deputy Assistant Attorney General Jean Williams, 1 follows President Biden’s Day One executive order that directs federal agencies to immediately review—and take action, as necessary—any agency actions that conflict with the new administration’s “important national objec...

Wednesday, February 17, 2021 Biden-Harris Administration Freezes Rules Pending Review On January 20, 2021, Ronald A. Klain, Assistant to the President and Chief of Staff, issued a memorandum regarding “Regulatory Freeze Pending Review.” 86 Fed. Reg. 7424. For rules that have not yet taken effect, the memorandum directs the heads of executive departments and agencies to consider postponing the rules’ effective dates for 60 days from the date of the memorandum for the purpose of reviewing any questions of fact, law, and policy the rules may raise. For postponed rules, during t...