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Sue and Settle Updated: Damage Done 2013-2016 updates the Chamber’s 2013 report, Sue and Settle: Regulating Behind Closed Doors. The study found that EPA increased its use of sue and settle agreements under the Clean Air Act since the last report.
The EPA entered into 77 Clean Air Act consent decrees between 2013-2016 compared to 60 between 2009-2012. The sue and settle tactic allowed activist groups without meaningful public participation to reprioritize agency agendas and resources which in turn led to rules costing the economy billions of dollars annually.
Additionally, sue and settle agreements have increasingly been the root of federal rules that encroach on state and local level environmental decision making.
This new study seeks to inform policymakers and the public about the number and type of regulations that impose the greatest impact on the business community, consumers, and ultimately the U.S. economy.
The analysis, which examined federal rules finalized from 2008-2016, found that only 140 regulations out of more than 32,000 had costs exceeding $100 million. Also, it found an even smaller number of 28 “high-impact rules” or regulations that each cost more than $1 billion annually.
The report identifies the most costly and transformative regulations so that Congress and federal agencies are better able to develop a process that will ensure future regulations achieve congressional intent and avoid agency overreach.
Regulatory Indifference Hurts Vulnerable Communities
Charting Federal Costs and Benefits
Regulatory Reform: Improving Our Rulemaking Process
Impacts of Regulations on Employment
EPA’s New Regulatory Front
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