Enviros' Favored Settlement Tool May Be In DOJ's Sights

Law360 (March 27, 2020, 8:52 PM EDT) -- The head of the U.S. Department of Justice's environmental unit said Friday that after prohibiting environmental projects as an option in enforcement settlements with private parties, officials are studying whether steps should be taken to curtail their use in citizen suits that environmentalists frequently pursue.

Assistant Attorney General Jeffrey Bossert Clark said, "I don't think they are problem-free" when asked during a Federalist Society teleforum about whether citizen suits could be impacted in the wake of the DOJ's recent prohibition against supplemental environmental projects, or SEPs, in settlements with private parties.

"I don't think that that is a legally problematic-free concept...

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