Jones Walker Logo
  • News & Insights
  • Professionals
  • Services
  • News & Insights
  • Professionals
  • Services

  • Firm
  • Offices
  • Careers
  • Events
  • Media Center
  • Blogs
  • Contact

  • text

News & Insights

"Reversal of Trump-Era Policies May Resurrect SEPs," Jones Walker LLP Environmental Client Alert

By Michael A. Chernekoff

Client Alert

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 SEPs in new policy memoranda issued in his last days at the DOJ: "Guidance Regarding Newly Promulgated Rule Restricting Third-Party Payments, 28 C.F.R. § 50.28," January 13, 2021, and "Equitable Mitigation in Civil Environmental Enforcement Cases," January 12, 2021. AAG Clark's position on SEPs was also the subject of the DOJ's regulation promulgated in December 2020, 28 C.F.R. § 50.28, which sought to prohibit SEP payments to third parties.

President Biden's Executive Order 13,990 on January 20, 2021, directed all federal agencies to review and address actions taken during the prior administration that conflict with the new administration's environmental policy. Accordingly, on February 4, 2021, the Biden ENRD issued a memorandum withdrawing nine Trump-era policy documents, listed below, which had established new enforcement priorities and settlement policies, including a few eleventh-hour policy memoranda issued by AAG Clark during his last days as acting head of the Civil Division and AAG of the ENRD: Continue reading >

Related Professionals
  • name
    Michael A. Chernekoff
    title
    Partner
    phones
    D: 713.437.1827
    D: 504.582.8000
    email
    Emailmchernekoff@joneswalker.com
Recent News & Insights
Type
Press Release
Title
Corporate Attorney Stacey Goff Returns to Jones Walker After 20+ Years as Fortune® 500 General Counsel
Date
October 8, 2025
Link
Read More
Type
Firm News
Title
Jones Walker Gaming Industry Team Receives 2025 National and Global Rankings by Chambers and Partners
Date
October 3, 2025
Link
Read More
Type
Press Release
Title
Jones Walker Welcomes Bankruptcy Attorney Katie Lasky as Partner in New Orleans
Date
October 2, 2025
Link
Read More
Type
Firm News
Title
Jones Walker Advises Sterling Infrastructure, Inc. in its $505 million Acquisition of CEC Facilities Group, LLC
Date
September 19, 2025
Link
Read More
Type
Firm News
Title
Jones Walker Construction Team Ranked Nationally in 2025 Chambers USA and 2025 Legal 500 United States
Date
September 10, 2025
Link
Read More
Type
Firm News
Title
Jones Walker Maritime Practice Group Ranked Nationally for Finance, Litigation, and Regulatory in 2025 Chambers USA and 2025 Legal 500 United States
Date
September 4, 2025
Link
Read More
Sign Up For Alerts
© 2025 Jones Walker LLP. All Rights Reserved.
PrivacyDisclaimerAvident Advisors
A LexMundi Member

This website uses cookies to deliver a better experience. By continuing on this website, you consent to our use of cookies.