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EPA Improves Transparency by Posting Petitions and Notices of Intent Online

Lisa Jaeger | Energy Biz
Sep 26, 2013

In response to a request made by Senator David Vitter, EPA has made several concessions to address concerns about agency transparency.

In particular, industry has had concerns about the recent increase of so-called “sue and settle” cases.  Under the sue and settle process, advocacy groups sue EPA to issue a regulation. During closed-door settlement discussions, the advocacy group and EPA agree to a timeline and the content of a new rule.

After an agreement has been struck, it is difficult for the public to persuade EPA to modify the terms of the settlement agreement during the notice and comment period; therefore, the closed-door settlement discussions ultimately end up dictating the terms of the future agency action.

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