Green groups have used “sue and settle” tactics to force more than 100 new rules from President Obama’s Environmental Protection Agency, according to a new Chamber of Commerce study released Monday.
The business group decried the “sue and settle” tactic, which they said occurs when a group files a lawsuit against a federal agency for failing to meet a regulatory deadline or requirement.
Panelists at an event unveiling the report said the lawsuits result in settlements behind close doors — known as consent decrees — that “reprograms the priorities” of federal agencies, according to Bill Kovacs, the senior vice president of environment, technology and regulatory affairs at the U.S. Chamber of Commerce.
The Chamber is rallying behind legislation from Rep. Doug Collins (R-Ga.) to crack down on the lawsuits, which critics say circumvent the rulemaking process.
The study from the Chamber focused primarily on the Environmental Protection Agency, which it said has seen the most economically significant regulations enacted under the sue and settle method.
During the Obama administration, there have been the most successful challenges to the Clean Air Act since the Clinton presidency, according to the report. Sixty “sue and settle” cases have been administered for the Clean Air Act alone since 2009, the study found.