How do SEPs compare to injunctive relief?
There are significant differences between SEPs and injunctive relief. • SEPs are limited to EPA enforcement actions – they are not something found throughout the legal system. • SEPs only occur in settlement, whereas injunctions can be obtained either in settlement or after a fully contested action. • SEPs are projects not necessary for compliance (hence the name “supplemental”). • EPA typically reduces civil penalties in cases in which SEPs are negotiated, but SEPs do not offset the injunctive relief or other measures required for compliance. • While penalties play an important role in environmental protection by deterring violators and creating a level playing field, SEPs can play an important additional role in securing significant environmental and/or public health protection and improvements. However, SEPs are also similar to injunctive relief because they become enforceable requirements to take some action that betters the environment. Thus, for enforcement purposes, EPA records
