Policy
Written by Adam Andrejewski for RealClearInvestigations
Top line: President Joe Biden's administration has already spent more than $7 million on “prosecution and settlement” attorney fees, twice what the White House spent under former President Donald Trump during a full four-year term.
Key facts: The phrase “suit and settlement” describes situations in which a private party files a lawsuit against a government agency, but a settlement is reached out of court.
Critics say the technique allows the EPA to make policy through these settlements without congressional approval, and wastes taxpayer money on lawsuits.
The government often covers the costs of environmental nonprofits that sue the EPA, using taxpayer money. In extreme cases, the government spends approximately $500,000 on a single case.
“Sue and settle” also allows the EPA to make decisions about how to enforce a particular regulation without consulting Congress, which former EPA Administrator Scott Pruitt called “collusion.”
Auditors at OpenTheBooks.com found that in just two years, the Biden administration has already spent more on “prosecution and settlement” than any other recent president.
The Biden administration paid $3.3 million in litigation fees during its first year. That's six times what the Trump administration spent in its first year, and nearly $3.6 million spent during Trump's entire term.
background: Rather than limit spending on litigation, EPA Administrator Michael S. Reagan's March 2022 memorandum rescinded several Trump-era EPA policies designed to reduce “litigation and settlement.” The government continued to spend $3.6 million on attorney fees in 2022.
The increase in attorney fees under Biden is consistent with the change between the administrations of George W. Bush and Barack Obama. The phrase “sue and settle” was used 77 times during Obama's second term, compared to 28 times during Bush's second term.
This cost the Obama administration $5.8 million, a number that Biden's EPA surpassed in just two years. It also allowed the EPA to create 100 new regulations without congressional oversight, according to the U.S. Chamber of Commerce.
Representatives Pat Fallon (R-TX) and James Comer (R-KY) sent a letter to Regan on November 14, 2023, requesting documents to investigate possible violations of the policy.
Critical quote: “On March 28, 2022, [Regan] “It has rescinded a policy intended to protect American taxpayers from…consent to prosecute decrees and settlement agreements,” Fallon and Comer wrote in their letter. “Because of your action, it appears that prosecution and settlement abuses have spread throughout the Biden administration’s EPA. Litigation and settlement have plagued the federal regulatory apparatus for decades, allowing special interest groups to dictate federal policy through lawsuits without adhering to normal regulatory processes.
summary: Biden's first term as president is coming to an end, but it is possible that he will continue to use “sue and settle” tactics in his potential second term. It remains to be seen whether oversight like the one by Fallon and Comer will force the EPA to change its policies.
#WasteOfTheDay is brought to you by the forensic auditors at OpenTheBooks.com
Reprinted with permission from RealClearWire.
