EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

By Raymond Ludwiszewski (February 23, 2018, 1:55 PM EST) -- Since President Donald Trump took office just over one year ago, much has changed at the U.S. Environmental Protection Agency. In this Expert Analysis series, former EPA general counsels and agency members discuss some of the most significant developments and what they mean for the future of environmental law in the U.S. Raymond Ludwiszewski On June 5, 2017, Attorney General Jeff Sessions released a memorandum to the U.S. Department of Justice titled "Prohibition on Settlement Payments to Third Parties" in which he announced a new policy. The DOJ was ending the last administration's common practice of "includ[ing] payment to various non-governmental, third party organizations as a condition of settlement with the United States."[1] As justification, the Sessions memorandum noted that "the goals of any settlement are, first and foremost, to compensate victims, redress harm, or punish and deter unlawful conduct," but that third-party organizations receiving such payments are "neither victims nor parties to the lawsuits."[2] This is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency....

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