Federal Environmental Justice Tracker

EJ Tracker Update

DOJ Issued Interim Final Rule to Allow Supplemental Environmental Projects (SEPs)

Last updated:

May 10, 2022

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Final Rule

DOJ published an interim final rule revoking a Trump rule prohibiting the use of supplemental environmental projects (SEPs) in settlement agreements. The rule restored the use of SEPs and allowed ENRD to require polluters to invest directly in communities affected by environmental violations, in addition to paying fines to the Treasury. For more on the Trump-era ban on SEPs, see DOJ Phases Out Supplemental Environmental Projects in Environmental Enforcement.

The new rule went into effect immediately, though DOJ accepted comments on the rule.