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ARTICLE · 11 NOVEMBER 2021

New DOJ Policies Impact Environmental And ESG Enforcement

Winston Taylor
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Deputy Attorney General Lisa Monaco recently said that the Department of Justice intends to "strengthen the way" that DOJ "respond[s] to corporate crime."

United StatesEnvironment
Jonathan D. Brightbill
Jonathan D. Brightbill
Jennifer P. Porter
Jennifer P. Porter

Deputy Attorney General Lisa Monaco recently said that the Department of Justice intends to "strengthen the way" that DOJ "respond[s] to corporate crime."1  DAG Monaco's speech and memorandum has important implications for environmental enforcement, including for companies making Environmental, Social and Governance ("ESG") claims and disclosures.  Monaco specified "three actions" changing prior DOJ policies.2 

  • "All Individuals Involved." Monaco first announced that corporations won't qualify for leniency programs unless they provide information on all employees or executives believed to have participated in crimes.3 This was policy during the Obama administration, under the "Yates Memo," authored by then-Deputy Attorney General Sally Yates.4  The Trump administration modified the Yates policy to instead require disclosure of people "substantially involved" in wrongdoing.5  DOJ is now returning to a broader disclosure requirement. 

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