Rep. Good Introduces the No Regulation Through Litigation Act

WASHINGTON -- As part of U.S. Representative Bob Good’s (VA-05) series of legislation aiming to cut wasteful spending and regulations, Rep. Good introduced the No Regulation Through Litigation Act. The legislation limits the ability of federal agencies to enter into settlement agreements and consent decrees that create new regulations. 

“The executive branch should not have free rein to abuse the courts in order to advance radical policies. For years career activists have ignored the public rule making process using the “sue-and-settle” tactic to circumvent the regulatory process.  My legislation would restore checks and balances by providing limits for federal agencies entering into settlement agreements and consent decrees.” – U.S. Representative Bob Good (VA-05)

Background:

Under the Obama Administration, there were heightened instances of "sue-and-settle" tactics in which special interest groups sued Federal agencies over regulations that they wanted to have changed. The resulting settlement agreements and consent decrees became de facto regulations.

Trump Administration EPA Administrator Scott Pruitt sought to end this practice and provide more transparency in a directive to the agency. Now, it is important that sue-and-settle be disincentivized in the law, especially in light of many former activists serving in President Biden’s Administration.

The No Regulation Through Litigation Act would codify that a Federal agency cannot enter into a settlement agreement or consent decree that exceeds the authority of the court.

• This legislation additionally prohibits payment of attorney fees or litigation costs in lawsuits with a Federal agency that result in a settlement agreement or consent decree.

Rep. Good’s efforts to cut wasteful spending and regulations:

• The Nickel Plan Act would require the federal government to reduce its budget by one nickel for every dollar it spends annually over a period of five years. More HERE.
• The ALERT Act would require a monthly update from executive agencies with detailed information about any rules that they are working on. More HERE.
• Article 1 Regulatory Budget Act would  require a regulatory budget detailing regulatory costs similar to the annual budget for taxes and government spending. More HERE.

###