DOJ Memo On Judgment Fund Raises Questions For CERCLA Settlements

Update Appended A Justice Department (DOJ) memo clarifying when funds from the Treasury’s Judgment Fund can be used in settlements is prompting questions among Superfund attorneys, who say it may complicate Superfund settlement negotiations and that it creates ambiguity on whether DOJ is rejecting use of the fund in pay-as-you-go settlements. Further, it fails to clarify whether the fund could be used when parties exercise re-opening provisions in cleanup settlements, one industry attorney says. “It’s a negotiations complication,” David...