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Hearing Hearing Date: May 24, 2017 2:00 pm 2154 Rayburn HOB

Examining ‘Sue and Settle’ Agreements: Part I

Subject
Examining ‘Sue and Settle’ Agreements: Part I
Date
May 24, 2017
Time
2:00 pm
Place
2154 Rayburn HOB

PURPOSE:

  • To examine how environmental advocacy groups and federal agencies regulate through consent decrees using citizen lawsuit provisions in environmental laws.
  • To discuss these lawsuits’ impact on businesses and landowners, as well as potential long-term solutions.

BACKGROUND:

  • The Administrative Procedure Act (APA) ensures notice, comment, transparency, and stakeholder involvement in the development of new environmental regulations.
  • In the “sue and settle” process, federal agencies and environmental advocacy groups enter into legally binding settlements that create and prioritize agency obligations, bypassing the intent of APA.
  • Settlement negotiations are not only confidential and non-adversarial, but groups suing can also recover large attorney fees financed by taxpayers.

Witnesses and testimonies: Mr. William Kovacs

Senior Vice President, Environment, Technology & Regulatory Affairs
U.S. Chamber of Commerce

Document

Ms. Darcy Helmick

Simplot Livestock Co.
Grand View, Idaho

Document

Mr. Kent Holsinger

Holsinger Law, LLC
Denver, Colorado

Document

Mr. Justin Pidot

Environmental and Natural Resources Law
Denver, Colorado

Document

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