The Justice Department’s new self-disclosure policy for companies to report their own misconduct in exchange for gentler treatment from prosecutors could end up being good for the environment, according to a former top official in the department’s environment section.
Under the policy laid out on Wednesday, a company that voluntarily self-discloses its violations and meets other conditions—such as full cooperation with the government and remediation of the criminal conduct—will get significant benefits: US attorneys’ offices won’t seek guilty pleas, may choose not to impose criminal penalties, will cap any penalties they do seek, and won’t try to impose independent compliance ...