(DTN) -- For many years, environmental and other interest groups have
filed lawsuits to force the U.S. Environmental Protection Agency to
conduct rulemakings on a variety of issues.During President Barack
Obama's administration, his EPA faced sharp criticism for a seeming
willingness to readily settle with those groups on such lawsuits,
resulting in new rules being drafted.Now, the EPA reportedly is moving
in a different direction.The chairmen of five different Congressional
committees that conduct oversight of EPA last week asked new EPA
Administrator Scott Pruitt and U.S. Attorney General Jeff Sessions to
schedule a briefing with the committees on the agency's new
policy.According to the letter, Pruitt "sent out a directive across the
agency" to "curtail the sue-and-settle policy."Farmers and agriculture
interest groups across the country have raised concerns about a
seemingly growing number of lawsuits filed by environmental groups aimed
at agriculture and other industries during the Obama administration
beginning in 2008. Environmentalists and others who have sued EPA do so
based on the agency missing important deadlines -- primarily in the
Clean Air Act.The lawmakers cited a news report of Pruitt speaking
during an environmental policy conference during which he indicated
consent decrees as a result of such lawsuits should not be used in
rulemaking because it "subverts" the public rulemaking process Congress
established."We appreciate this change in policy, hope that Attorney
General Sessions shares Administrator Pruitt's views, and urge EPA and
the Justice Department to develop conforming written guidelines as soon
as possible," the letter said.The letter was written by Rep. Greg
Walden, R-Ore., chairman of the House Committee on Energy and Commerce;
Rep. Bob Goodlatte, R-Va., chairman of the House Committee on the
Judiciary; Rep. John Shimkus, R-Ill., chairman of the House Committee on
Energy and Commerce's Subcommittee on Environment; Rep. Tom Marino,
R-Pa., chairman of the House Committee on the Judiciary Subcommittee on
Regulatory Reform, Commercial and Antitrust Law; and Rep. Tim Murphy,
R-Pa., chairman of the House Committee on Energy and Commerce
Subcommittee on Oversight and Investigations."During the previous
administration, EPA entered numerous settlements or consent decrees, a
practice known as 'sue and settle,' committing the agency to undertake
significant new rulemakings subject to timelines or schedules," the
letter said."This process too often circumvents legitimate oversight by
Congress and the Office of Management and Budget's Office of Information
and Regulatory Affairs. It also frequently prevents affected
stakeholders and the public from participating as fully in the
rulemaking process as otherwise would be possible."The Clean Water Act
has far fewer EPA deadlines. There are a few instances, however, where
Clean Water Act lawsuits have led to major EPA regulations, including
the creation of daily pollution load standards in the Chesapeake Bay and
nutrient limits that came about in Florida.A report from the Government
Accountability Office in January 2015, "Impact of Deadline Suits on
EPA's Rulemaking Is Limited," however, found that the effects of
settlements in deadline suits on EPA's "rulemaking priorities is
limited."GAO reports EPA issued 32 major rules from May 31, 2008,
through June 1, 2013. Of that total, nine were issued following seven
settlements in deadline lawsuits, all under the Clean Air Act. Four
rules were issued on the Clean Water Act.In August 2011, GAO reported
the number of new environmental litigation cases of all types filed
against EPA each year from 1995 to 2010 averaged 155 cases per year.
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