Older readers probably remember the School House Rock videos that had brief lessons in grammar, math, and social studies, including one on how a bill becomes a law. But there are other ways laws are made, and one of them are "sue and settle" schemes. As Mark Tapscott relates in his article, "Law Firms, Enviro Groups Got $20 Million in ‘Sue and Settle’ Schemes with EPA." He explains:
“Sue-and-Settle” litigation has been around for decades, but the tactic became a national political issue during President Barack Obama’s Oval Office tenure. The practice was then increasingly employed by the political and career government officials who shared the advocacy positions of the activist groups.
After the suit is filed, agency officials agree to take a certain action in return for the withdrawal of the litigation. The government also agrees to pay the activist group’s legal fees. The action required in the settlement agreement changes official policy by court decree rather than congressional law-making.
Its not just the federal government that does this, but also state and local governments and even utility companies.
Yes! This kills us. I think I mentioned this on the podcast?
ReplyDeleteI know there was probably some general assumption that they would follow tradition and the existing common law, but I kind of wish there were more instructions in the Constitution on how the Judicial branch was to behave and what powers they actually had.
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