Republicans take aim at 'sue and settle' agreements

The Utility MACT rule, regional haze regulations, proposed endangered species protection for the lesser prairie chicken: All are the products of court settlement agreements between federal agencies and environmental groups. Republicans have dubbed the practice "sue and settle," wherein outside groups sue a government agency and then negotiate a settlement that sets rulemaking requirements. This week, two House panels will hold hearings on the issue, as part of a broader effort to pass legislation requiring more transparency during the process. The "Sunshine for Regulatory Decrees and Settlements Act" would force agencies to publish proposed consent decrees and settlement agreements for public comment before they are filed with the court. Sponsored by Sen. Chuck Grassley (R-Iowa) and Rep. Doug Collins (R-Ga.), the bill would also require agencies to report to Congress on their use of such agreements. Republicans say it would help close a back door that environmentalists use to circumvent the rulemaking process, while Democrats and environmentalists argue that the lawsuits are a legitimate way to ensure agencies are following the law...more