DOJ's Attack On Sierra Club 'Side Deal' Won't Be Last

By Michael Phillis (July 14, 2020, 8:14 PM EDT) -- The U.S. Department of Justice's push to block a "side deal" between the Sierra Club and DTE Energy that would fund environmental improvement projects is a sign of what's to come, the head of the DOJ's environment division told Law360.

Last week, the DOJ objected to a settlement between the Sierra Club and DTE that would resolve 10 years of litigation over whether DTE illegally modified coal-fired power plants. The DOJ is staking out the position that a private party can't settle with a company on more ambitious terms than the government did, and its objection to the DTE deal was...

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