Hill Letter to Sen. Grassley and Rep. Collins Supporting Introduction of the Sunshine for Regulatory Decrees and Settlements Act (Sue and Settle)

Dear Senator Grassley and Representative Collins:

The U.S. Chamber of Commerce supports H.R. 469 and S. 119, the “Sunshine for Regulatory Decrees and Settlements Act” and thanks you for introducing this important legislation. The Sunshine for Regulatory Decrees and Settlements Act would help address the abusive “sue and settle” process that allows special interest groups to use lawsuit settlements to take effective control of an agency’s agenda and regulatory priorities.

The Chamber’s 2013 report Sue and Settle: Regulating Behind Doors found that agencies had agreed to the demands of special interest groups over 70 times between 2009 and 2012, which resulted in over 100 costly new regulations. Since 2013, the tactic has been even more popular with advocacy groups. Between 2013 and 2016, for example, EPA agreed to 70 additional Clean Air Act settlements that have allowed advocacy groups to take control of federal decision-making and impose new regulatory costs.

Sound regulation is not possible unless the full regulatory process is open and agencies enable meaningful public participation. The Sunshine for Regulatory Decrees and Settlements Act embodies major principles of accountability, transparency, and fairness. The bill would bring more openness to the “sue and settle” process by requiring agencies to give early notice of intended settlements and provide an opportunity – in limited circumstances – to participate.

We look forward to working with Congress on regulatory reform legislation.