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Monday, May 10, 2021 The Biden Administration’s enforcement priorities began to take shape last week, as the US Environmental Protection Agency’s (EPA) enforcement arm issued a pair of memoranda encouraging the use of certain tools in civil enforcement and settlements and for prioritizing enforcement efforts in environmental justice communities. Lawrence E. Starfield, a senior career EPA official currently serving as Acting Assistant Administrator for EPA’s Office of Enforcement and Compliance Assurance (OECA), issued both memoranda. The memos demonstrate a concrete shift in EPA’s enforcement philosophy doubling down on Next Generation or “NextGen” compliance tools and Supplemental Environmental Projects (SEPs), and focusing on environmental justice under the new administration. The specific ways in which EPA enforcement staff will carry out these policies are not yet known and will develop over time, but it is important for regulated entities to be aware of,

Michael reganLawrencee starfieldTrump department of justiceJustice departmentBiden administrationUs environmental protection agencyNatural resources divisionNational contingency planOffice of enforcementEnforcement steering committeeProtection agencyActing assistant administratorCompliance assuranceNext generationSupplemental environmental projectsAll appropriate injunctive relief tools