Interim SEP Rulemaking To Reinstate SEPS Facing Opposition From Chamber of Commerce, GOP
Posted by [email protected] on Jul. 24, 2022
Shared by Francis X. Lyons
While the US Department of Justice (DOJ) has sought to return Supplemental Environmental Projects (SEPs) to the quiver of tools, it can use to resolve environmental claims, some stakeholders, including the US Chamber of Commerce, Republican lawmakers, and Republican state Attorney’s General have filed comments opposing the return of SEPs. Below, we briefly assess their comments – and why they matter to the regulated community.
Background
SEPs have long been used by local, state, and federal regulators as part of environmental settlements. SEPs allow a portion of a civil penalty to be mitigated, in exchange for the settling defendant agreeing to fund an environmentally beneficial project, typically with some nexus to the underlying violations that are being resolved. When used as a remedy, SEPs allow communities who have allegedly suffered from environmental harms to more quickly benefit from any settlement. We previously discussed the benefits of SEPs here.
