Environmental Notes - December 2017

Williams Mullen
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A prominent characteristic of the Obama EPA was its close relationship with national environmental groups. The most controversial EPA rulemakings seemed to be the by-product of litigation settlements when environmental groups sued EPA over discretionary powers given the agency under various environmental statutes. The end result was often a pre-arranged, judicially enforced settlement binding the agency to adopt regulations more stringent than might otherwise be the case. Not only that, but EPA often paid the plaintiff’s legal fees and costs. The practice was so abused it earned its own nick-name: “Sue and Settle.” Now that Administrator Scott Pruitt is leading the agency, Sue and Settle is officially gone.

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