Sue and Settle: Regulating Behind Closed Doors
What Is Sue and Settle?
What Is the Sue and Settle Process?
- Environmental advocacy group sues federal agency to issue regulations by a specific deadline.
- Environmental advocacy group and federal agency work out an agreement.*
*Conducted behind closed doors.
- Draft consent decree or settlement agreement is lodged with the court.
- Under some laws the federal agency invites and receives public comments on the decree or agreement.*
*Too little, too late: the damage has been done.
- Court finalizes the decree or agreement.*
*It generally does not matter to courts if the decree or agreement is not required or authorized by statute.
Which Advocacy Groups Use the Sue and Settle Process the Most?
Which Courts Handle the Most Sue and Settle Cases?
Comparing the Use of Sue and Settle Over the Past 15 Years
What are the Economic Implications of our Findings?
(U.S. Chamber of Commerce)