Category Archives: Litigation

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The True Culprit Behind “Sue and Settle”

EPA’s recently announced directive ending “regulation through litigation,” otherwise known in many circles as “sue and settle,” aimed most of its ire at actions allegedly taken outside the typical administrative process “through backroom deals.”  Indeed, the “sue and settle” phenomenon has long been the bugaboo of many national advocacy groups.  The thought has been that … Continue Reading

Cost-Benefit Analyses: Focus of the Next Wave of APA Litigation

Stop me if you’ve heard this one. An engineer, a mathematician, and an economist find themselves stuck in a 30-foot-deep ditch.  Two of them start working away furiously—the engineer is scratching out plans to alter the slope of the ditch to allow them to climb to safety, and the mathematician is calculating the items of … Continue Reading