Supporters Eye ‘Creative Things’ To Sidestep DOJ’s Settlement Ban On SEPs

Supporters of supplemental environmental projects (SEPs) believe they may still be able to include such projects in settlements despite the Justice Department’s (DOJ) prohibition because they see crossover with mitigation projects that are still allowed, along with state SEPs, that DOJ does not prohibit, and a high court ruling that might boost their ability to use SEPs. Such measures are among a series of “creative things” that SEP supporters indicated during a May 27 event hosted by the Environmental Law...