Lyons Quoted on DOJ Review of a 30-Year Environmental Enforcement Practice

Partner Frank Lyons, a former U.S. Department of Justice (DOJ) environmental enforcement attorney, was quoted on the broad spectrum of possible outcomes from the DOJ’s review of a nearly-30 year practice of letting companies make amends for pollution-related violations by performing supplemental environmental projects (SEPs).

SEPs are popular with businesses, because the projects offer a way to lower the cash amount a company may incur due to a violation, while also contributing to environmentally beneficial projects.

Frank said that possible outcomes of the DOJ’s analysis of the SEP program ranges from a full ban on SEPs for all defendants, including private businesses, to a limit on how much fines could be reduced through their use. 

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