Examining ‘Sue and Settle’ Agreements: Part I

PURPOSE:

• To examine how environmental advocacy groups and federal agencies regulate through consent decrees using citizen lawsuit provisions in environmental laws.
• To discuss these lawsuits’ impact on businesses and landowners, as well as potential long-term solutions.

BACKGROUND:

• The Administrative Procedure Act (APA) ensures notice, comment, transparency, and stakeholder involvement in the development of new environmental regulations.
• In the “sue and settle” process, federal agencies and environmental advocacy groups enter into legally binding settlements that create and prioritize agency obligations, bypassing the intent of APA.
• Settlement negotiations are not only confidential and non-adversarial, but groups suing can also recover large attorney fees financed by taxpayers.