Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2003

Public Law and Legal Theory

Boston College Law School

Articles 1 - 1 of 1

Full-Text Articles in Law

Judicial Discretion And The "Sunk Costs" Strategy Of Government Agencies, David E. Cole Jan 2003

Judicial Discretion And The "Sunk Costs" Strategy Of Government Agencies, David E. Cole

Boston College Environmental Affairs Law Review

When a government agency, during the construction of a public works project, has violated a statute, a court may be hesitant to issue an injunction because of the potential “waste” of public funds that have already been spent. Knowing this, agencies may engage in a “sunk costs” strategy while a decision on enjoining the project is looming—continuing to invest money in the project, often at an increased rate, in order to gain advantage in the equitable balancing used to evaluate the necessity for an injunction. An increase in the amount of irrecoverable public funds invested in furtherance of a ...