Statement on Pruitt’s attacks on the Enforcement of Environmental Law

WASHINGTON,​ ​DC​ ​-​​ ​Scott Pruitt is engaging in an attack on the enforcement of environmental law at the EPA, and in doing so is referencing the myth of so-called “sue and settle.” The polluter backed U.S. Chamber of Commerce report underlying Pruitt’s false rhetoric has been regularly debunked in the academic literature on the topic. As the Harvard Environmental Law Review concluded: “This analysis reveals the current ‘sue-and-settle’ debate for what it is: a war of words relying on emotionally charged rhetoric to score political points."

In​ ​Response,​ ​Sierra​ ​Club​ Environmental Law Program Director Pat Gallagher Released the Following Statement:

“Scott Pruitt and his polluter cronies continue to perpetrate lies about the law as an excuse for refusing enforcing it -- but when it comes to the law, the truth has a way of catching up with you. The government generally seeks to negotiate settlements precisely because of significant legal vulnerability -- and Pruitt’s abuse of the law by delaying, obstructing and blocking numerous public health safeguards means he is extremely vulnerable to being held accountable in court. Pruitt has no defense to lawsuits where EPA has badly missed a legally mandated deadline. If he insists on fighting the obvious, Pruitt will be guilty not just of failing to protect public health and the environment, but also of wasting agency resources, undermining the credibility of DOJ attorneys, and burdening the courts with useless litigation.

“If Pruitt thinks that by frivolously litigating deadline cases he will deter the Sierra Club or other citizen groups from holding him accountable in court, he should think again - we will not be deterred. Pruitt's behavior to date shows that he does not believe in protecting public health with strong air and water pollution laws; perhaps that explains his directive not to settle even indefensible cases where it’s obvious that that he will lose every time.”