DOJ Implements Policies On Environmental Enforcement

John Irving IV, Gal Kaufman and Rafe Petersen are all Partners in the Washington D.C. office

HIGHLIGHTS:

• A recent memorandum from the U.S. Department of Justice's (DOJ) Environment and Natural Resources Division (ENRD) provides guidance on civil and criminal enforcement of environmental laws. DOJ will continue to pursue environmental enforcement, but will reserve criminal prosecution for more egregious violations and those that involve providing false information to the government.
• The ENRD memorandum implements recent DOJ guidance from the Attorney General and Associate Attorney General prohibiting the use of agency guidance documents as a basis for affirmative civil enforcement cases.