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DOJ Limiting the Role of Public Organizations in Litigation

07/14/2020

The Environment and Natural Resources Division of the Department of Justice has requested a Federal judge to reject a settlement between the Sierra Club and Detroit based utility DTE Energy Company.  At issue is the closure of three coal-fired power plants and a settlement requiring $2 million to be assigned to environmental improvements.  In a related case the Department of Justice settled with DTE Energy Company for $7.3 million as a result of violations of the Clean Air Act extending over many years.

 

An attorney for Earthadjusters, an environmental group representing the Sierra Club in litigation, stated that the Government’s action “jeopardizes the settlement that took place more than two years ago and would benefit Black and poor communities that suffered from the coal-burning plants in their communities.”  A spokesperson for DTE noted that the company will fulfill agreements with both the Government and the Sierra Club. 

The settlement terms in the case are contrary to Administration policy favoring coal-derived power, despite the financial benefits from natural gas and renewables. The Administration is opposed by environmental associations and accordingly the DOJ is attempting to establish a balance between the conflicting interests of these groups and their environmental policy eatablished in 2017.