Sec. 202. Limiting sue and settle practices
621 words·~3 min read·
/bill/116/s/1518/is/section-202A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The terms agency and agency action have the meanings given those terms under section 551 of title 5, United States Code. The term covered civil action means a civil action— seeking to compel agency action; alleging that the agency is unlawfully withholding or unreasonably delaying an agency action relating to a regulatory action that would affect the rights of— private persons other than the person bringing the action; or a State, local, or tribal government; and brought under— chapter 7 of title 5, United States Code; or any other statute authorizing such an action.
The term covered consent decree means— a consent decree entered into in a covered civil action; and any other consent decree that requires agency action relating to a regulatory action that affects the rights of— private persons other than the person bringing the action; or a State, local, or tribal government. The term covered consent decree or settlement agreement means a covered consent decree and a covered settlement agreement. The term covered settlement agreement means— a settlement agreement entered into in a covered civil action; and any other settlement agreement that requires agency action relating to a regulatory action that affects the rights of— private persons other than the person bringing the action; or a State, local, or tribal government.
In any covered civil action, the agency against which the covered civil action is brought shall publish the notice of intent to sue and the complaint in a readily accessible manner, including by making the notice of intent to sue and the complaint available in the Federal Register or online not later than 15 days after receiving service of the notice of intent to sue or complaint, respectively. A party may not make a motion for entry of a covered consent decree or to dismiss a civil action pursuant to a covered settlement agreement until after the end of proceedings in accordance with subparagraph
(A)and paragraph (2)(B)(i). Not later than 60 days before the date on which a covered consent decree or settlement agreement is filed with a court, the agency seeking to enter the covered consent decree or settlement agreement shall publish in the Federal Register and online the proposed covered consent decree or settlement agreement. An agency seeking to enter a covered consent decree or settlement agreement shall accept public comment during the period described in subparagraph
(A)on any issue relating to the matters alleged in the complaint in the applicable civil action or addressed or affected by the proposed covered consent decree or settlement agreement. When moving that the court enter a proposed covered consent decree or settlement agreement or for dismissal pursuant to a proposed covered consent decree or settlement agreement, an agency shall inform the court of the statutory basis for the proposed covered consent decree or settlement agreement and its terms. A court shall review the statutory basis for the proposed covered consent decree or settlement agreement and its terms de novo. For a proposed covered consent decree, a court shall not approve the covered consent decree unless the proposed covered consent decree allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking. For a proposed covered settlement agreement, a court shall ensure that the covered settlement agreement allows sufficient time and incorporates adequate procedures for the agency to comply with chapter 5 of title 5, United States Code, and other applicable statutes that govern rulemaking and, unless contrary to the public interest, the provisions of any Executive order that governs rulemaking.