New EPA Head Addresses ‘Sue and Settle’
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“Every regulation simple test: Does it make life better or safer for American workers or consumers? If the answer is no,
— President Trump |
Scott Pruitt, the Environmental Protection Agency’s (EPA) new administrator, has wasted little time getting to work since his confirmation to head the agency.
Chief among his priorities will be putting an end to “sue and settle,” a practice used by activist groups who sue an agency, primarily the EPA, which typically leads to the agency entering a legally-binding settlement agreement without public input.
Since 2009, the tactic has led to 137 new Clean Air Act regulations, many of which transform the economy and have a profound impact on states.
In an article in the Wall Street Journal, Pruitt said “there is a time and place to sometimes resolve litigation, but don’t use the judicial process to bypass accountability.”
The U.S. Chamber of Commerce, which addressed this issue in a 2013 report, said Pruitt’s direction is laudable, but it does not correct damage done to the economy and the nation’s regulatory process.
Congress has not yet considered the “sue and settle” issue.