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ARTICLE · 20 NOVEMBER 2018

DOJ Issues More Guidance Impacting Environmental Enforcement

Holland & Knight
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On Nov. 8, 2018, the Department of Justice (DOJ) Office of Public Affairs issued a press release indicating that then-Attorney General Jeff Sessions signed a memorandum (presumably before resigning) ...

United StatesEnvironment
Dianne Phillips
Dianne Phillips
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Dianne R Phillips is a Partner in Holland & Knight's Boston office

On Nov. 8, 2018, the Department of Justice (DOJ) Office of Public Affairs issued a press release indicating that then-Attorney General Jeff Sessions signed a memorandum (presumably before resigning) the day before that provides direction to all civil litigating components and United States Attorneys' Offices imposing new "Principles and Procedures for Civil Consent Decrees and Settlement Agreements with State and Local Governmental Entities." Like the DOJ memoranda described in blog posts dated Jan. 30, 2018 and Mar. 13, 2018 this latest DOJ memorandum could have wide-ranging impact on environmental enforcement. The change in policy is based upon the need to "afford the subject governmental entity the respect and comity deserving of a separate sovereign" under constitutional and policy considerations raising sensitive federalism concerns.

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