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Examining End Of EPA's 'Sue And Settle' Practice

Law360, New York (November 29, 2017, 12:00 PM EST) -- On Oct. 16, 2017, U.S. Environmental Protection Agency Administrator Scott Pruitt issued a directive to end the “sue and settle” practices within the agency related to rulemakings that resulted from consent decrees and settlement agreements entered into by the agency and certain unnamed “outside groups.”[1] The directive states that it is intended to promote transparency and public participation in the process of resolving lawsuits brought against the agency.[2]

Seven major environmental statutes allow individuals to file a deadline lawsuit to compel the EPA to issue a...
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