May 13, 2014

Sue, Settle, and Shut Out the States: Destroying the Environmental Benefits of Cooperative Federalism

  • Henry N. Butler

  • Nathaniel J. Harris

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In recent years, environmental advocacy groups have increasingly succeeded in using a faux litigation strategy to effectively trample the statutory regulatory framework and to shut out the states from important policy decisions. This policy-making process— called “sue-and-settle” or “suit-and-settlement”—not only violates the statutory framework, but also leads to haphazard policy making that should violate the standards of any serious policy analyst.

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