Sue and Settle

What happens when lawsuits quietly shape public policy—without a full trial, public scrutiny, or legislative debate? In this episode of Sanity Check, David R. Legates unpacks the controversial practice known as “sue-and-settle.”

What begins as a seemingly straightforward legal mechanism—citizens holding agencies accountable—can, in practice, become something far more complex. Through negotiated settlements between advocacy groups and federal agencies like the Environmental Protection Agency, binding regulations can emerge behind closed doors, often bypassing the traditional rulemaking process and limiting public input.

This episode walks through how sue-and-settle works, why it’s been used under laws like the Clean Air Act, and where the real controversy lies: accountability, transparency, and the balance of power in a democratic system. With millions in taxpayer-funded legal fees and far-reaching regulatory consequences at stake, critics argue this approach amounts to “regulation through litigation.”

Is sue-and-settle an efficient tool for enforcing the law—or a loophole that sidelines the public and reshapes policy without consent?

Tune in for a clear-eyed breakdown of one of the most debated—and least understood—mechanisms in modern environmental governance.

https://openthebooks.substack.com/p/trump-epa-ends-exorbitant-pay-outs

https://www.uschamber.com/regulations/sue-and-settle-regulating-behind-closed-doors

https://virginialawreview.org/wp-content/uploads/2020/12/Tyson_Book.pdf

https://www.heritage.org/environment/commentary/environmentalists-sue-settle-and-apologize-later

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