We found the Biden Administration has already spent more taxpayer money on sue and settle than any other recent president.
Because staff can move between agencies and nonprofit or private sector firms which may sue an agency, lawyers at the agency may be less inclined to vigorously defend the agency's interests, and more inclined to reach a settlement that favors the litigants.
"In a Democratic administration, it might mean some of the environmental groups. But these are the people who tend to know all about the ins and outs of the agencies, law, and they are often people who run the agency. Sometimes the person who filed the lawsuit or with one of the organizations, by the time they want to settle, is working for the agency."
On November 14, 2023, the House Oversight and Accountability Committee sent a letter to EPA Administrator Regan demanding oversight into the agency's sue and settle practices since Regan rescinded Pruitt's memo.
"Because of your action, sue-and-settle abuses appear to have proliferated at the Biden Administration EPA. We request documents and information to examine how the Biden Administration is using sue-and-settle practices to skirt congressional oversight and promulgate burdensome regulations at the bidding of special interests."
The committee requested extensive documentation surrounding sue and settle during the Biden Administration, including all communications and documents regarding EPA's attorneys' fees payments.
Sue and settle is a policy that happens to do both of those things, and we commend the actions of the House Oversight and Accountability Committee for reviewing the actions taken by the EPA considering escalating settlements and attorneys' fees paid out in lawsuits against the federal government.
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