Grassley Introduces Senate Legislation Targeting Environmental Consent Decrees

From: Bloomberg/BNA — Daily Environment Report

By Dean Scott

Sen. Chuck Grassley (R-Iowa) and five other Republicans introduced  legislation July 12 targeting “sue and settle” practices in which public  interest and environmental groups take legal action against the Environmental  Protection Agency and other agencies to make existing regulations more  protective or force agencies to expedite long-delayed rules.

The Sunshine for Regulatory Decrees and Settlements Act of 2012 (S. 3382) is  the Senate companion to a House bill that is among several Republican  deregulatory proposals slated for floor debate the week of July 23.

The House version (H.R. 3862), introduced by Rep. Ben Quayle (R-Ariz.), may  be incorporated into a broader package of Republican regulatory reform bills,  including a moratorium on any new significant regulations. Quayle’s bill cleared  the House Judiciary Committee on March 27 (132 DER A-31, 7/11/12).

Grassley said in remarks July 12 on the Senate floor that consent decrees and  settlement agreements are increasingly being used by “pro-regulation activist  groups” to circumvent laws and procedures that are supposed to ensure detailed  examination of regulatory impacts.

Outlook in Senate Said Uncertain.

While the Republican-controlled House is expected to approve Quayle’s bill,  the outlook for Grassley’s bill in the Democratic-controlled Senate is less  certain. Senate Democrats have generally resisted Republican-led efforts to  revamp regulatory procedures.

Grassley said that in some cases, agencies are able to “short-circuit” analytical requirements imposed by Congress on regulatory agencies as well as  rules reviews by the executive branch’s regulatory gatekeeper, the Office of  Management and Budget’s Office of Information and Regulatory Affairs.

Grassley’s bill would give industry groups and other affected parties an  additional opportunity to intervene in court settlements involving federal  regulations before such settlements go into effect. For example, the legislation  would require agencies to publish details of proposed settlements in the Federal Register and request comments at least 60 days before the  agreement is finalized.

Industry groups and other parties that submit comments in response to such  requests would have to be granted “amicus participation” and thus be considered  full participants in the settlement before the court.

The Grassley bill is co-sponsored by Sens. Jon Kyl (R-Ariz.), John Cornyn  (R-Texas), Mike Lee (R-Utah), Tom Coburn (R-Okla.), and Rand Paul (R-Ky.).


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