EPA Using ‘Sue and Settle’ Lawsuit Settlements to Bypass Congress and the Rule-Making Process

Rob Port

The way the EPA’s regulatory system works, when they want to create a new rule there is a certain process they must go through. The rule must be proposed, then subjected to a series of public hearings before it can have the force of law. Many limited government advocates find even this worrisome given that it allows the EPA to essentially legislate, often far outside of its original regulatory scope, when law-making ought to be left up to Congress.

But the EPA has apparently found a loophole even in their own rule-making process. It’s called “sue and settle,” and the North Dakota Farm Bureau is sounding the alarm about it

…Here’s how it works: An environmental group seeking some expansion of the EPA’s regulations files a lawsuit against the federal agency. The EPA, without even litigating the case, will then settle with the group, given the enviros what they want, and have that settlement approved by the courts.

Thus, the EPA ends up with new regulatory power without ever having gone through the rule-making process…

The article continues, with an audio link, at SayAnythingBlog.

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