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Lawyers Question DOJ Effort To Block Third-Party Mitigation Settlements

July 21, 2020
Industry lawyers and others are questioning why the Justice Department (DOJ) is starting to press federal courts to block legal settlements with private parties when they include mitigation measures beyond what DOJ would seek in any enforcement deal, with one source calling the opposition “a principle in search of a problem.” DOJ’s top environment attorney, Jeff Clark, is formally expanding his push against supplemental environmental projects (SEPs) and mitigation projects that seek relief beyond what a court can provide in...