Lynchburg Reporter

WASHINGTON, D.C. - Congressman Bob Good of Virginia has introduced the No Regulation Through Litigation Act, a bill aimed at curbing the use of "sue-and-settle" tactics by federal agencies. The legislation seeks to limit the ability of these agencies to enter into settlement agreements and consent decrees that impose new regulations without Congressional authorization.

In a statement, Rep. Good expressed his concerns about the executive branch abusing the courts to advance its radical policies. He stated, "My legislation aims to end 'sue-and-settle' tactics, bring accountability to the regulatory process, and protect Congress' Constitutional power to make laws. The Biden Administration should not resort to the courts to circumvent existing law."

The bill has already garnered support from several co-sponsors, including Clay Higgins of Louisiana, Paul Gosar of Arizona, Scott Perry of Pennsylvania, Andy Ogles of Tennessee, and Warren Davidson of Ohio.

The No Regulation Through Litigation Act would codify that federal agencies cannot enter into settlement agreements or consent decrees that exceed the authority of the court. It would also prohibit the payment of attorney fees or litigation costs in lawsuits with a federal agency that result in a settlement agreement or consent decree.

The issue of "sue-and-settle" tactics gained attention during the Obama Administration when special interest groups, often in coordination with government bureaucrats, sued federal agencies over regulations they wanted to change. The resulting settlement agreements and consent decrees effectively became regulations.

The Trump Administration's Environmental Protection Agency (EPA) sought to address this issue and promote transparency by issuing a directive to the agency. However, concerns about the use of these tactics have persisted, leading the House Oversight and Accountability Committee to announce an investigation into the EPA's use of sue-and-settle practices.

Critics argue that the Biden Administration continues to employ these tactics to impose burdensome regulations on the economy and reward select special interest groups with taxpayer dollars. The presence of former activists in key positions within the administration further raises concerns about the potential for the abuse of sue-and-settle practices.

As the No Regulation Through Litigation Act moves forward, it aims to disincentivize the use of sue-and-settle tactics in the law, promoting transparency and accountability in the regulatory process. By limiting the ability of federal agencies to impose new regulations without Congressional authorization, the bill seeks to uphold the constitutional power of Congress to make laws.

To find out more, go to this link: https://good.house.gov/media/press-releases/rep-good-fights-sue-and-settle-tactics