Andrew Silton Quoted in Law360 Article on New Settlement Policy
Andrew Silton, an Associate in Beveridge & Diamond's Washington, DC office, was quoted in a Law360 article titled "Feds' New Settlement Policy May Imperil Restoration Projects."
The article discusses the Department of Justice (DOJ)'s recent decision to prohibit settlements providing for payments to third-party, non-governmental organizations and how this new policy uniquely impacts environmental enforcement matters.
Mr. Silton said that the DOJ policy does not affect the Environmental Protection Agency (EPA)'s ability to rely on supplemental environmental projects that may arise from administrative settlements. He noted that the DOJ policy does include three exceptions, including for a payment or loan "that provides restitution to a victim or that otherwise directly remedies the harm that is sought to be redressed." But Silton said that could be a high bar in many cases.
"The underlying issue is in any kind of environmental case, it's very difficult to prove some kind of one-to-one correlation between pollution going into the atmosphere and a particular harm, and then some sort of remedial action on the back end that's alleviating it," Silton said.
Read the full article (subscription required).
Mr. Silton and James M. Auslander, a Principal in Beveridge & Diamond's Washington, DC office, previously wrote a news alert, titled DOJ Eliminates Option of Third Party Payments in Settlements, on this new DOJ policy and how it may affect environmental enforcement cases.