ENRD Voluntary Self Disclosure Policy

Environmental Crimes Section Environment & Natural Resources Division Voluntary Self-Disclosure Policy (March 2024)

Introduction:

The Environmental Crimes Section (ECS) of the Environment & Natural Resources Division developed and implemented a voluntary disclosure policy in 1991. See Factors in Decisions on Criminal Prosecutions for Environmental Violations in the Context of Significant Voluntary Compliance or Disclosure Efforts by the Violator (July 1, 1991). This revision updates the 1991 policy and sets forth: standards for what constitutes a voluntary self-disclosure (VSD) of misconduct to ECS; a description of benefits ECS prosecutors will confer on companies that complete the VSD process; and exception criteria that may limit the scope of VSD benefits in certain cases. Companies that voluntarily self-disclose misconduct to ECS pursuant to this policy will receive resolutions under more favorable terms than if the government learns of the misconduct through other means.    

This policy is designed to provide guidance to ECS prosecutors concerning the exercise of prosecutorial discretion in environmental criminal cases as well as to provide transparency to the regulated community concerning the credit that may be accorded by ECS for voluntary self-disclosure of violations, cooperation with and substantial assistance to the government in investigating criminal violations, and the use of environmental audits and other procedures to ensure compliance with all applicable environmental laws and regulations. Nothing herein is intended to create any substantive or procedural rights, privileges, or benefits enforceable in any administrative, civil, or criminal matter by prospective or actual witnesses or parties.