On April 19, 2024, the US Department of Justice’s Environment and Natural Resources Division (ENRD) issued “Accomplishments for Fiscal Year (FY) 2023.” The accompanying press release said the report “highlights ENRD’s work in 2023 to defend pollution control measures, approvals for renewable energy projects and federal stewardship of public lands, wildlife and natural resources.”

Large Civil Penalty Settlements
ENRD’s 2023 accomplishments include a “$1.6 billion civil penalty” settlement with diesel engine maker Cummins Inc. and “a Clean Air Act settlement with BP Whiting securing important air toxic controls and a $40 million civil penalty (the largest-ever such penalty against a single facility).”

Restoration of SEPs
The report identified “environmental justice and climate work” as benefitting from “the restoration in May 2022 of the Department’s ability to enter into certain settlements that include supplemental environmental projects (SEPs).” The report said ENRD “included SEPs in several settlements,” including the settlement with BP Whiting, “the largest refinery in the Midwest.”

High Success Rate
The report noted ENRD almost always wins: “The Division’s over 400 attorneys worked on roughly 4,500 matters. We obtained over $440 million in civil and criminal fines, penalties, and costs recovered. We secured federal injunctive relief valued at $2.3 billion. And, through our defensive and condemnation litigation, we saved the United States more than $2.5 billion. We achieved a favorable outcome in 99 percent of our civil enforcement cases, 91 percent of our civil defensive cases, 96 percent of our criminal cases, and 100 percent of our condemnation cases.”

To see the press release, which includes a link to the report Office of Public Affairs | Justice Department’s Environment and Natural Resources Division Commemorates Earth Day and Releases the Division’s Accomplishments Report for Fiscal Year 2023 | United States Department of Justice