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This 1991 memo includes factors that DOJ considers important in evaluating whether to prosecute environmental violations. These factors include voluntary disclosure of the violation, cooperation, preventative measures and compliance programs, persuasiveness of non-compliance, internal disciplinary action, and subsequent compliance efforts. It was the intent of DOJ to encourage self-auditing, self-policing, and voluntary disclosure of environmental violations stating that these activities are considered mitigating factors in the Department's environmental enforcement activities. The necessity of having a thorough environmental auditing program cannot be overemphasized. The priority that DOJ assigns to auditing and self-disclosure as critical mitigating factors in environmental criminal prosecutions is an indication of how important it is for federal facilities to develop and implement sound and thorough auditing programs.

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Last Updated: July 31, 2017