Like the Sierra Club and other environmental groups, the NRDC receives grants from the federal government both directly and indirectly. In addition, it participates in a process referred to as “sue and settle.” It brings lawsuits against the EPA on issues where EPA officials actually have no objection to being sued. EPA and NRDC officials then “settle” these suits, sometimes almost immediately and together, in the form of “consent decrees,” write new regulations ostensibly to settle the lawsuits. On many occasions, the EPA also pays the legal fees of the NRDC and similar groups as part of its settlement.
He gives many other examples.
DoJ does this all the time, often with local jurisdictions pretending they don’t want the result, so they can tell their voters their hands are tied, and also bind the hands of their successors. Consent decrees should be banned; there is no other way to prevent the rampant abuse that has become pervasive.
Totally agree. Our sanitary district is spending a quarter of a billion dollars on a giant “poop pit” to store combined sewer outfalls during storm events, forced on us by a consent decree.
This is not new. But EPA is one of the worst offenders.
http://www.forbes.com/sites/larrybell/2013/02/17/epas-secret-and-costly-sue-and-settle-collusion-with-environmental-organizations/#37891f793a4b
Can someone sue on aseparation of powers ? Seems like this is the judiciary creating executive policy.
They’d go a long way toward eliminating this problem if they would disqualify 501(c)(3) status for non-profits that have lawsuits as their primary business, or that spend lobbying money. Or maybe just those that do both?
I’m not against non-profits underwriting lawsuits against government — as that is sometimes the only way that a small guy can protect himself and his property. (Disclosure: I send annual small contributions to both Institute for Justice and Judicial Watch.) But the ability to both sue and lobby presents the appearance if not the reality, as described in the article, of buying favorable policy through under-the-table transactions.
Funny how lawsuits can create harm rather than remedy it.
Give us enough time and we can ruin everything.
This collusive “consent decree” scam is not restricted to environmental matters. It happens wherever the left has an agenda, e.g., education, policing, housing, whatever. The courts treat the consent decrees the same as they would a litigated judgment, i.e., once entered, it is “res judicata” and not subject to reconsideration. New York City enters into these all the time, making the city’s various “public interest” (sic) adversaries an unelected fourth branch of city government.