How could EPA avoid 'sue and settle' problem?

Thursday, October 19, 2017
 | 
Chris Woodward (OneNewsNow.com)

lawsuit gavel with moneyLawsuits involving environmental groups and the EPA may not be going away, even though EPA Administrator Scott Pruitt says they're doing away with the practice of "sue and settle."

Sue and settle is a situation in which agencies miss regulation deadlines and then get sued by organizations, resulting in settlements that critics say sometimes involve new regulations that avoided the typical constitutional process. Chris Horner of the Competitive Enterprise Institute (CEI) adds that the practice even excluded voices at times.

"The last EPA even litigated to keep others away from the table, so it was just them and green groups creating what is in effect regulation for the economy this way," he explains.

Horner, Chris (E&E Legal)In a statement published by Talking Points Memo (TPM), Sierra Club Environmental Law Program Director Pat Gallagher accused Scott Pruitt and his "polluter cronies" of continuing to perpetrate lies about the law as an excuse for refusing to enforce it.

"But when it comes to the law, the truth has a way of catching up with you," Gallagher added. "If Pruitt thinks that by frivolously litigating deadline cases he will deter the Sierra Club or other citizen groups from holding him accountable in court, he should think again; we will not be deterred."

If the EPA administrator really wants to get serious about this, then Chris Horner says Scott Pruitt should go after resources dedicated to all the "Obama administration hobby horsing."

"He said he wants to stick to its core missions," says Horner. "If he returned these people who are busy working on ideological hobbies and focused them on statutory, mandated, date-certain deadline meeting, you would avoid a lot of this problem."

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