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ARTICLE · 24 OCTOBER 2017

Pruitt Banishes "Sue And Settle" – A Solution In Search Of A Problem? (Video)

EPA Administrator Scott Pruitt today issued a Directive prohibiting the practice of "sue and settle." He also issued a Memorandum to senior staff explaining in more detail some of the concerns...

United StatesEnvironment

EPA Administrator Scott Pruitt today issued a Directive prohibiting the practice of "sue and settle."  He also issued a Memorandum to senior staff explaining in more detail some of the concerns about "sue and settle."  They are two very strange documents.

As to the substance of how EPA will handle future citizen suit claims, there are some specific concrete steps which individuals and groups across the political spectrum actually can support.  These include:  (1) making more information available to the public about notices of intent to sue and filed complaints; (2) involvement of affected states; (3) maintenance of a data base of citizen suits; and (4) providing a public explanation and rationale for settlement of citizen suits; and (5) providing opportunities for public comment, even where not otherwise required by law.

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