House Votes to End "Sue And Settle", Restores Transparency to Rulemaking Process

Statement

Today, the House of Representatives passed H.R. 712, Sunshine for Regulatory Decrees and Settlements Act, which was introduced by Congressman Doug Collins. After the vote, Congressman Collins issued the following statement:

"Closed-door deals, known as "Sue and Settle' cases, are arrangements between pro-regulatory special interest groups and complicit federal agencies. Often, there is no participation by affected parties like states and local governments, small businesses, or farmers -- everyday Americans just trying to make a living or go about their daily business. Special interest groups exploit the legal system to skirt the normal rulemaking process, and public comment and transparency are largely absent. Affected parties forced to comply with these regulations are often kept completely in the dark about the new rules, the details of which can come as a complete surprise."

"The "Sue and Settle' tactic is increasingly being used to forcibly shape agencies' regulatory agendas, without input from the public or regulatory community. In my home state of Georgia, our agricultural industry is increasingly burdened by regulations that result from "Sue and Settle' lawsuits, and are forced to comply with new rules for which they had no say or input. Under the "Sunshine Act', lawsuits can only be filed after interested parties have had the opportunity to intervene in the litigation and join settlement negotiations, and after any proposed consent decree or settlement has been published online for at least 60 days to provide for public comment."

"This is about fairness and simplicity. The legislation is intended to restore transparency, public participation, and judicial review protections to the rulemaking process, so sensible regulations result from a system that works."

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