Sec. 105. Litigation transparency
330 words·~2 min read·
/bill/118/s/1399/is/section-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this section: The term covered civil action means a civil action— seeking to compel agency action affecting a project, as defined under section 102 of this Act; 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. 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. 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 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 requirements of subparagraph
(A)have been met. Not later than 30 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 online the proposed covered consent decree or settlement agreement; and provide a reasonable opportunity by notice in the Federal Register to persons who are not named as parties or interveners to the covered civil action to comment in writing. An agency seeking to enter a covered consent decree or settlement agreement shall promptly consider any written comments received under subsection (b)(2)(B) and may withdraw or withhold consent to the proposed consent decree or settlement agreement if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with any provision of law.