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FEDERALhearing transcript

Congressional Hearing on 'Sue and Settle' Regulatory Agreements

Original title: EXAMINING `SUE AND SETTLE' AGREEMENTS: PART I

January 1, 2017

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The Frame

What this does

The hearing investigates how federal agencies resolve lawsuits through private settlements, which can bypass standard public notice and comment requirements, potentially impacting federal regulations and agency priorities.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Federal Agencies

Agencies are the primary parties entering into these settlement agreements, which dictate their future regulatory actions.

Private Litigants

These groups initiate the lawsuits that lead to the settlement agreements with federal agencies.

What changed

Last recorded activity January 1, 2017.

What's next

Next step not available in the current record.

Summary

This document is a transcript of a joint House subcommittee hearing held on May 24, 2017, to examine the practice of '' agreements. The hearing explores concerns regarding transparency and the regulatory process when federal agencies settle lawsuits outside of standard administrative procedures.

Frequently Asked Questions

What is a 'sue and settle' agreement?
It refers to a situation where a federal agency settles a lawsuit brought against it by a private party, often resulting in the agency agreeing to take specific regulatory actions without going through the standard public notice and comment process.
Why is Congress investigating this?
The committee is concerned that these agreements lack transparency and may bypass congressional intent and the standard regulatory framework established by the Administrative Procedures Act.

Key Facts

  • The hearing was held on May 24, 2017, in the Rayburn Office Building.
  • The hearing was a joint session of the Subcommittee on the Interior, Energy, and Environment and the Subcommittee on Intergovernmental Affairs.
  • The primary subject is 'sue and settle' agreements, where federal agencies settle lawsuits behind closed doors.
  • The committee asserts that these agreements often occur outside the regulatory framework of the Administrative Procedures Act (APA).
  • The hearing aims to examine the impact of these agreements and discuss potential legislative or procedural solutions.
  • Four witnesses provided testimony: William Kovacs, Darcy Helmick, Justin Pidot, and Kent Holsinger.

Why It Matters

The hearing investigates how federal agencies resolve lawsuits through private settlements, which can bypass standard public notice and comment requirements, potentially impacting federal regulations and agency priorities.

News Coverage

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Sponsors

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Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Focus on Regulatory Transparency

The hearing highlights a specific 2017 legislative effort to increase oversight of agency settlement practices.

Connected Entities

personDarcy HelmickWitness, Simplot Livestock Co.Map →
personBlake FarentholdChairman of the Subcommittee on the Interior, Energy, and EnvironmentMap →
organizationCommittee on Oversight and Government ReformHouse committee overseeing the hearingMap →
personWilliam KovacsWitness, U.S. Chamber of CommerceMap →
personKent HolsingerWitness, Holsinger Law, LLCMap →
personGary PalmerChairman of the Subcommittee on Intergovernmental AffairsMap →
personJustin PidotWitness, University of Denver Sturm College of LawMap →

Sources

Open source document

www.govinfo.gov

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy50
    Intensity of disagreement among stakeholders
  • Entertainment10
    Compellingness for a non-policy-wonk reader
  • Buzz20
    Current news / social attention level

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