Editors' Summary: Both plaintiffs and defendants in environmental enforcement litigation are discovering the benefits of creative remedies as part of a negotiated settlement, as alternatives to such traditional "remedies" as fines and forfeitures. The establishment of an environmental trust fund or the funding of a research project in lieu of civil or criminal penalties is often favored by plaintiffs, particularly citizens' groups, as a remedy that more directly compensates an environmental wrong. Defendants may find such "in lieu" arrangements attractive, particularly in criminal enforcement actions, as a means of avoiding adverse publicity and in mitigating the harshness of a criminal sentence. In this Article, Professor Stever examines such creative remedies and analyzes the legal constraints that may hinder or altogether prevent parties from entering into environmentally beneficial agreements in lieu of statutory fines. Professor Stever suggests how the constraints may be overcome and argues that the in-lieu agreement is and ought to be available in both the civil and criminal context, and criticizes the contrary view as unnecessarily restrictive.