The Department of Justice has asked a federal court to dismiss a Clean Air Act citizen suit against xAI, raising an unsettled question: may private plaintiffs proceed where EPA allegedly declined to require preconstruction permitting review?
Continue Reading DOJ Motion Raises Questions About Clean Air Act Citizen Suits
The 2022 Monaco Memo highlights two “core principles” regarding voluntary self-disclosure. First, absent aggravating factors, DOJ will not “seek a guilty plea when a company has voluntarily self-disclosed, cooperated, and
Continue Reading DOJ’s Updated Corporate Crime Policies: Practical Considerations in the Environmental Context
Greenberg Traurig Tampa office Shareholders David Weinstein and Christopher Torres and Associate Kayli Smendec co-authored the chapter titled “Environmental Enforcement and Crimes” in Environment, Energy, and Resources Law: The Year
Continue Reading Environment, Energy, and Resources Law: The Year in Review 2021
The ongoing battle over Supplemental Environmental Projects (SEPs) – environmentally-beneficial, beyond-compliance projects that defendants agree to undertake for potential penalty mitigation in settlement of environmental enforcement actions – heated up
Continue Reading New Lawsuit Challenges DOJ Policy Prohibiting SEPs
On July 27, 2020, the U.S. Department of Justice (DOJ) issued a policy memorandum designed to stay the federal government’s hand in enforcing the Clean Water Act where states have
Continue Reading New DOJ Guidance Seeks to Limit Federal Enforcement under the Clean Water Act
On June 1 the criminal division of the U.S. DOJ revised its guidance to DOJ attorneys on how to evaluate corporate compliance programs. DOJ considers the “adequacy and effectiveness” of
Continue Reading U.S. Department of Justice Revises its Guidance on Evaluating Corporate Compliance Programs