As Defendants Brace For SEP Ban, Water Agencies Eye Legislative Fix

Lawyers representing municipal and industrial entities are bracing for the Justice Department (DOJ) to largely ban the use of supplemental environmental projects (SEPs) in enforcement settlements, with some municipal water agencies now turning to Congress to authorize the popular projects that defendants often seek in settlements to ease penalties. The water agencies’ turn to Congress comes after their representatives failed to convince DOJ to soften its policy limiting use of SEPs in settlements with municipal entities. “I think the ship...