“Law enforcement is crucial for the achievement of environmental justice objectives,” the study’s authors note, emphasizing that the way penalties are structured can determine whether communities experience true relief or recurring harm.
The concept of environmental justice (EJ) has traditionally been rooted in permitting and rulemaking, but this research underscores that enforcement is equally vital. Penalties and settlements, when designed with community input and measurable outcomes, can directly benefit those most affected by pollution and environmental risk.
The study, which examines three distinct national models, identifies a unifying principle: remediation over retribution. Each system has evolved to embed social and distributive equity into enforcement outcomes—whether through direct investments in community health, restoration projects, or commitments to prevent future violations.
In the United States, SEPs allow violators to fund local projects that provide tangible benefits in exchange for reduced penalties. The Department of Justice reinstated SEPs in 2022 after a five-year suspension, calling them “a mechanism to ensure communities directly harmed by violations receive real environmental improvements.” The EPA’s 2024 Environmental Justice Strategic Plan expanded this approach, instructing regions to integrate EJ metrics into enforcement decisions and to prioritize projects in overburdened areas.
Recent cases have applied SEPs to fund air quality monitors near industrial corridors, wetland restoration near disadvantaged communities, and lead-pipe replacement programs in cities where violations occurred. Each project is required to demonstrate “environmental additionality,” meaning it must produce benefits that would not have occurred without the enforcement action.
The U.K.’s Environment Agency has refined its Enforcement Undertakings (EUs) and civil sanction framework under the Environment Act 2021 and the Environmental Civil Sanctions (England) Order 2010. Updated guidance released in October 2025 clarifies how companies can propose remediation commitments in lieu of prosecution—provided their actions produce verifiable benefits and are disclosed publicly.
Unlike U.S. SEPs, EUs are fully negotiated settlements that must be accepted by the regulator before an investigation concludes. They often include habitat restoration, river cleanups, or technology upgrades designed to prevent recurrence. However, the TEL study found that community participation in selecting these projects remains limited. Improving transparency and stakeholder consultation is identified as a critical step toward aligning the U.K. model with environmental justice principles.
Chile’s Superintendence of the Environment (SMA) introduced Compliance Programs (CPs) in 2012 to bring facilities into compliance through negotiated action plans rather than immediate fines. While these programs have reduced repeat offenses, the study notes that they focus more on technical compliance than on equitable outcomes.
The authors recommend integrating EJ criteria—such as local health risk data and participatory monitoring—into CP design. This would ensure that enforcement not only corrects violations but also addresses cumulative impacts in vulnerable communities.
Across all three systems, the research identifies key design principles for justice-forward enforcement:
These principles mirror evolving expectations among multinational corporations, where ESG disclosure frameworks now require companies to demonstrate equitable remediation in response to environmental harm.
With environmental justice elevated as a policy priority in the U.S., U.K., and Latin America, enforcement systems are shifting toward collaboration and measurable outcomes.
As the TEL study concludes, “Flexible enforcement that blends deterrence with restorative outcomes provides a path for fairer and more effective environmental protection.”
For companies, this evolution signals a new compliance landscape—one where enforcement no longer ends with a check, but with a commitment to rebuild trust and restore ecosystems.
