Trump Says DOJ Can Stop Enviro Project Settlements

Law360 (November 25, 2020, 5:56 PM EST) -- The Trump administration told a Massachusetts federal court that it had the discretion to reach settlements as it saw fit, pushing to end a suit by environmental advocates that said the U.S. Department of Justice's policy banning environmental improvement projects in enforcement settlements is unlawful.

The DOJ said on Tuesday that the Conservation Law Foundation's lawsuit should fail because prosecutors have "absolute discretion" to not seek enforcement settlements that require businesses to take on environmental projects that provide a public benefit because Congress never required it.

Jeffrey Bossert Clark, the head of the DOJ's environmental unit, has consistently pushed against supplemental environmental projects,...

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