The top U.S. Department of Justice (DOJ) Environmental official has put corporate employees on notice that DOJ is increasing its focus on prosecuting individuals for environmental crimes, including the threat of jail time. In a pre-recorded keynote address to the American Bar Association (ABA) National Environmental Enforcement Conference on December 14, 2021, Assistant Attorney General for the Environment and Natural Resources Division (ENRD) Todd Kim stated, “Only individuals can go to jail, and we have found that criminal corporate accountability starts with accountability for individuals responsible for criminal conduct.”
Continue Reading DOJ Targeting Employees for Criminal Environmental Prosecution: Tips for Minimizing Exposure

The U.S. Department of Justice (DOJ) is in the midst of a comprehensive policy review regarding the use of Supplemental Environmental Projects (SEPs) in settlements of environmental enforcement actions. This review could potentially have far-reaching implications for companies that seek to settle such actions brought by either the federal government, or in the case of a citizen suit, a non-governmental organization (NGO). It remains to be seen if the ongoing SEP policy review will result in additional limits on the use of SEPs in settlement, thus limiting the flexibility in achieving penalty mitigation that has been a hallmark of environmental enforcement case resolutions for nearly three decades.
Continue Reading DOJ Policy Review of SEPs May Have Big Implications for Company Environmental Settlements