• Mark Ryan

Are SEPs Back Already?

The Trump administration didn't like Supplemental Environmental Projects (SEPs). Just last March, Jeff Clark (yes, that Jeff Clarke) issued a memo ending the use of the SEPS, concluding that "Sound public policy does not support the use of SEPs." See this link:

SEPs had been used for years in EPA settlements, primarily with larger corporations that could afford them (SEPs add cost and complexity to a settlement, but they generate good PR). The legal question that had been around for years was whether they constituted an illegal misappropriation of penalty money that was targeted to the Treasury to the benefit of the EPA. Workarounds were devised because the SEP program was largely a popular one. Lots of wetlands and stream bank restoration projects have happened because of SEPs.

So today's DOJ press release was a bit of a surprise. See link below. It's a CAA case, but it contains a $2 million SEP. What happened to the March 12, 2020 Clark memo? Was it already rescinded? In any case, it's a clear indication that D.C. is under new management.

If you would like to receive email notifications of new blogposts, go to the signup button above, leave your email, and you'll be alerted to updates.

29 views0 comments

Recent Posts

See All

Waterkeeper Files NOI in Coal Ash Case

Waterkeeper last week served the NOI below on Ameren Corp, which is an electric utility in Missouri. The NOI alleges that Ameren is discharging without a permit wastewater from coal ash ponds into the

Two New (Oddball) CWA Cases

These two cases bring up issues one seldom sees in the case law, which makes them mildly interesting. Reading the clever arguments raised by defendants in the Earth Island case below reminded me of my

A Modest Proposal to Fix WOTUS

As I have argued numerous times in the past, Congress needs to fix the WOTUS problem. They created it by so vaguely defining “navigable waters,” and only they can permanently fix the problem (assuming

© 2016 by Ryan & Kuehler PLLC.

  • Facebook Basic Black
  • LinkedIn Basic Black
  • Twitter Basic Black