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“Sue and Settle Sucks”

Estimates are $300-$500 Billion dollars in unfunded mandated COST to “We the People” for EPA SECRET “SUE-AND-SETTLE” deals, $300-$500 Billion dollars for JUST THE NEW RULES for The Clean Water Act and The Clean Air Act.

Importantly, these new rules are not the outcome of legislation or rigorous scientific findings, but a DIRECT RESULT of a number of lawsuits with environmentalists

In the past 3 years, the Administration has concluded approximately 60 settlements with special interest – 29 of these agreements bound EPA to make major policy changes. THE PLAINTIFFS IN THESE CASES ARE OFTEN THE VERY SAME REOCCURRING PLAYERS – THE SIERRA CLUB, NRDC, DEFENDERS OF WILDLIFE, WILD EARTH GUARDIANS, AND CENTER FOR BIOLOGICAL DIVERSITY.
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Sen. Vitter on Sue and Settle
Posted on December 9, 2013 7:14 pm by Pearl Rains Hewett Comment
Federal agencies, including the Fish and Wildlife Service and EPA, use SECRET “SUE-AND-SETTLE” deals to advance their radical environmental agenda WITHOUT ANY INPUT from those who will be affected, including states, local governments, and private citizens.
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VITTER: Endangered Species Act’s hidden costs – Washington Times
www.washingtontimes.com/news/…/ENDANGERED-SPECIES-ACTS-HIDDEN-COST…‎
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$300-$500 BILLION DOLLARS FOR THE CLEAN WATER AND CLEAN AIR ACT AND MORE HIDDEN-COST…‎ FOR 757 NEW ENDANGERED SPECIES?
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Behind My Back | How Big is Sue and Settle?
www.behindmyback.org/2013/11/09/how-big-is-sue-and-settle/‎
Nov 9, 2013 – HELLO CONGRESS ANYBODY HOME? September 9, 2011 – A FEDERAL JUDGE APPROVED THE LANDMARK 757 SPECIES LEGAL AGREEMENT …
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The Sue and Settle documents of TRUTH have been denied to 12 states by the EPA, they are NOT on the table.
Twelve states are suing the U.S. Environmental Protection Agency for not complying with their PUBLIC-RECORDS requests for information on the implementation of …

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My comment

The Sue and Settle handwriting is a matter of record, , Global, Non-government, special interest groups have usurped the US Congress, the sovereignty of our states, the constitutional rights of the American People AND, TAKEN OVER THE RULE OF THE UNITED STATES OF AMERICAN

What is an American Grandmother so worried about?

America in Crisis

The credibility of the collective US Government

The National Debt $17.2 Trillion Dollars

The Obamacare debacle

The Middle East 10 year war crisis

The unresolved WA DC political scandals

What ELSE really bothers me?

Goggle behindmyback.org for the full text of “Sue and Settle Sucks”,
more comments, media reports and Documentation.

260 results (0.17 seconds)

Behind My Back | Tenacity And Bother?
www.behindmyback.org/2013/09/21/1217/‎

Sep 21, 2013 – WHY DO I BOTHER?

Bottom line BECAUSE I AM AN AMERICAN CITIZEN and I have a right to freedom of SPEECH MY TENACITY and …
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The EPA’s War Against the States: States are supposed to lead in …
capitalresearch.org/…/the-epas-war-against-the-states-states-are-supposed…‎

In the preamble of THE CLEAN AIR ACT (1963), Congress declared that “air pollution prevention . . . at its source is the primary responsibility of STATES and local governments.” According to the opening of THE CLEAN WATER ACT (1972), “It is the policy of the Congress to recognize, preserve, and protect the primary responsibilities and RIGHTS OF STATES TO PREVENT, REDUCE, AND ELIMINATE POLLUTION.”

Oct 7, 2013 – EPA TAKEOVERS OF STATE PROGRAMS ARE UP AN ASTONISHING 2750%. … Sue-and-settle is made possible primarily by the fact that the EPA has more … and “green” groups reached 48 sue and settle agreements, a 380% increase.

Behind My Back | Sue and Settle up 380%
www.behindmyback.org/2013/10/16/sue-and-settle-up-380/‎
Oct 16, 2013 – The EPA HAD 48 SUE AND SETTLE AGREEMENTS during President Obama’s first term, representing A 380 PERCENT INCREASE from the …
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Under EPA secret “SUE-AND-SETTLE” deals

The EPA unfunded mandated COST for the Clean Water Act and The Clean Air Act have been estimated to be $300-$500 Billion dollars a year dumped on the backs of “We the People” strangling economic growth and holding us back from prosperity.
States are projecting BILLIONS IN COSTS under the threat of an EPA takeover of STATE WATER PROGRAMS.

AND, the current BILLIONS IN EPA unfunded mandated COSTS for the EPA takeover of state water programs

Does not reflect costs associated with controlling combined sewer and sanitary overflows or the implementation of the “Health Air Act”
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WHY IS THE US CHAMBER OF COMMERCE REPORTING ON
SECRET “SUE-AND-SETTLE” deals ?
The U.S. Chamber of Commerce is the world’s largest business federation representing the interests of more than 3 million businesses of all sizes, sectors, and regions, as well as state and local
chambers and industry associations

SUE AND SETTLE – US Chamber of Commerce
www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
additional methodology and the development of a database of sue and settle cases. … The U.S. Chamber of Commerce undertook an investigation of the sue.
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Is the DOJ ignoring Obama’s Executive order 13563?
“Improving Regulation and Regulatory Review,” provision
provision (a) Regulations SHALL be adopted through a process that involves PUBLIC PARTICIPATION.
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What does the EPA have to hide?
12 States Sue EPA over Clean Air Records – Governing
www.governing.com/…/12-States-Sue-EPA-over-Clean-Air-Records.htm…‎
Twelve states are suing the U.S. Environmental Protection Agency for not complying with their PUBLIC-RECORDS requests for information on the implementation of …
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THE BEST NEWS (full text on behindmyback.org)
Sen. Vitter on Sue and Settle
Posted on December 9, 2013 7:14 pm by Pearl Rains Hewett Comment

U.S. Sen. David Vitter (R-La.), top Republican on the Senate Environment and Public Works Committee, has been scrutinizing the Obama Administration’s problems with transparency, specifically focusing on SECRET “SUE-AND-SETTLE” deals.

The “sue and settle” maneuver that federal agencies, including the Fish and Wildlife Service and EPA, use to advance their radical environmental agenda
That Administration officials will make with far-left environmental groups to enact unnecessary and burdensome regulations WITHOUT ANY INPUT FROM THOSE WHO WILL BE AFFECTED, INCLUDING STATES, LOCAL GOVERNMENTS, AND PRIVATE CITIZENS.
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HOW LONG HAS THIS BEEN GOING ON?
UNITED STATES SENATE REPORT Clouded Waters – U.S. Senate …
www.epw.senate.gov/public/index.cfm?FuseAction=Files.View…‎
Jun 30, 2011 – UNITED STATES SENATE REPORT. Clouded Waters: A Senate Report Exposing the High Cost of EPA’s Water Regulations and Their Impacts …
Importantly, these new rules are not the outcome of legislation or rigorous scientific findings, but a DIRECT RESULT of a number of lawsuits with environmentalists

These charges aren’t exactly new. Industry groups and EPA critics have given A NAME TO THIS SPECIAL BRAND OF RULEMAKING. IT’S CALLED “SUE AND SETTLE.”

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Is the DOJ ignoring Obama’s Executive order 13563?
Executive order 13563, “Improving Regulation and Regulatory Review,”
(a) Regulations SHALL be adopted through a process that involves PUBLIC PARTICIPATION.
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HOW LONG HAS THIS BEEN GOING ON?
UNITED STATES SENATE REPORT Clouded Waters – U.S. Senate …
www.epw.senate.gov/public/index.cfm?FuseAction=Files.View…‎
Jun 30, 2011 – UNITED STATES SENATE REPORT. Clouded Waters: A Senate Report Exposing the High Cost of EPA’s Water Regulations and Their Impacts …
Us Senate report Clouded Waters
Importantly, these new rules are not the outcome of legislation or rigorous scientific findings, but a DIRECT RESULT of a number of lawsuits with environmentalists
The agreements to regulate often DID NOT INCLUDE any meaningful opportunity
for input from state and local entities
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States are projecting BILLIONS IN COSTS under the threat of an EPA takeover of
state water programs
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MORE NEWS? UPDATE NEEDED?
Judge: EPA Exceeded Authority Trying To Regulate Stormwater Runoff As Pollutant
A federal judge has ruled that the Environmental Protection agency exceeded its authority by The judge agreed with Attorney General Ken Cuccinelli, who argued that the EPA was trying to regulate water itself as a pollutant.
In his ruling, O’Grady said:
“Stormwater runoff is not a pollutant, so EPA is not authorized to regulate it.” attempting to regulate stormwater runoff into a Fairfax County creek as a pollutant.
Read more: http://dailycaller.com/2013/01/03/court-stormwater-runoff-not-a-pollutant-epa-cant-regulate-it/#ixzz2nIx4EdeJ
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Maryland’s $14.8 BILLION DOLLAR EPA MANDATED, UNFUNDED, RAIN TAX

PER RESPONSE FROM SENATOR MARIA CANTWELL SEPT. 24, 2013
EPA Sued and Settled

Posted on November 3, 2013 12:02 pm by Pearl Rains Hewett Comment
Indeed the EPA was sued, the EPA settled and
Sen. Maria Cantwell documented that the “sue and settle” legal settlement and rule created by and for the epa unfunded mandate did result in the $14.8 billion dollar Maryland rain tax.
was not a result of legislation by congress, but was in fact caused by an EPA settlement.
Thank you for contacting me about federal stormwater standards. I appreciate hearing from you on this important matter.

FOLLOWING A 2010 LEGAL SETTLEMENT BETWEEN THE EPA AND THE CHESAPEAKE BAY FOUNDATION (FOWLER V. EPA),
THE EPA AGREED TO CREATE A NEW FEDERAL STORMWATER RULE.
The RULE will create performance standards for stormwater discharges at both newly developed and redeveloped sites, broaden the EPA’s oversight of Chesapeake Bay stormwater permits and set a standard for the total maximum daily discharge.

The RULE will also potentially increase the number of cities regulated as Municipal Separate Storm Sewer Systems, which can include underground pipes, roads with drainage pipes, gutters and ditches. Prior to developing the proposed stormwater rules, the EPA sought input from stakeholders in public forums. The EPA expects to finalize the RULE by December 10, 2014.
Following a 2010 legal settlement between the EPA and the Chesapeake Bay Foundation (Fowler v. EPA), the EPA agreed to create a new federal stormwater rule.
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Excerpt from “Clouded Waters”
Importantly, these rulemakings are not the result of legislation or the outcome of scientific findings. Instead, these are the result of lawsuits by environmentalists and represent changes in long-held EPA positions, making discretionary duties non-discretionary. Additionally, in a rush to regulate, EPA is moving ahead without solid science and with no input from the communities who will shoulder the costs.

Limited state and federal assistance leaves many communities with few options other than to pass the extra costs of these programs and mandates onto residents, and the benefits of regulation do not outweigh the costs.
As this report also shows, they will likely be significant pain for little, if any environmental gain

The law’s fiscal policy note pegs the price tag for implementing the program at $14.8 billion.
The law’s fiscal policy note pegs the price tag for implementing the Maryland program at $14.8 billion.
Notes: Exhibit does not reflect costs associated with controlling combined sewer and sanitary overflows or the implementation of the “Health Air Act”
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As Gazzette columnist Blair Lee notes, the law is not so firm on where the money can be spent. In addition to funding stream and wetlands protection, a great deal of the tax revenue will flow into the bureaucratic maw for monitoring and inspection. Also, like the carbon pork in Maryland’s Regional Greenhouse Gas Initiative law taxpayer dollars from the rain tax will flow into the hands of the environmental groups that lobbied for the law, for “outreach” and “education.”

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Presidential Documents
Executive Order 12866, “Regulatory Planning and Review,” 58 Fed. Reg. 51735 (Oct. 4, 1993), as
supplemented by Executive Order 13563, “Improving Regulation and Regulatory Review,” 76 Fed. Reg. 3821
(Jan. 21, 2011).
FEDERAL REGISTER
Vol. 76, No. 14
Friday, January 21, 2011
Title 3—
The President
Executive Order 13563 of January 18, 2011
Improving Regulation and Regulatory Review
Sec. 2.
PUBLIC PARTICIPATION.
(a) Regulations SHALL be adopted through a process that involves PUBLIC PARTICIPATION. To that end, regulations shall be based, to the extent feasible and consistent with law, ON THE OPEN EXCHANGE OF INFORMATION and perspectives among State, local, and tribal officials, ex¬perts in relevant disciplines, affected stakeholders in the private sector, and the public as a whole.
(b)
To promote that open exchange, each agency, consistent with Executive
Order 12866 and other applicable legal requirements, shall endeavor to
PROVIDE THE PUBLIC with an opportunity to participate in the regulatory
process. To the extent feasible and permitted by law, each agency SHALL
AFFORD THE PUBLIC A MEANINGFUL OPPORTUNITY TO COMMENT through the Internet on any proposed regulation, with a comment period that should generally
be at least 60 days.
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Inserted for clarity
June 28, 2012 |
9:00am in 2203 Rayburn House Office Building
THE OVERSIGHT AND GOVERNMENT REFORM COMMITTEE has focused a significant amount of attention this Congress on the red tape that is strangling economic growth and holding us back from prosperity.
At today’s hearing, we will continue this inquiry by examining the highly questionable practice perfected by THE ENVIRONMENTAL PROTECTION AGENCY – KNOWN AS “SUE AND SETTLE,” which has emboldened the Administration to pursue an aggressive green agenda while escaping political accountability for the cost and burdens these regulations impose on job creators.
In the past 3 years, the Administration has concluded approximately 60 settlements with special interest – 29 of these agreements bound EPA to make major policy changes. THE PLAINTIFFS IN THESE CASES ARE OFTEN THE VERY SAME REOCCURRING PLAYERS – THE SIERRA CLUB, NRDC, DEFENDERS OF WILDLIFE, WILD EARTH GUARDIANS, AND CENTER FOR BIOLOGICAL DIVERSITY.

But let us be clear – What EPA claims the law requires them to do is nothing more than what EPA has agreed to do in A COLLUSIVE ARRANGEMENT WITH SPECIAL INTEREST ALLIES. These arrangements are fundamentally unfair, lack transparency, are DESIGNED TO CIRCUMVENT other regulatory checks CONGRESS HAS PUT IN PLACE. environmental regulations only work when they are made in an open process that involves all stakeholders. SUE-AND-SETTLE RULEMAKING is an affront to that process.
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Executive Order 13563 of January 18, 2011 continued

To the extent feasible and permitted by law, each
AGENCY SHALL ALSO PROVIDE, for both proposed and final rules, timely online access to the rulemaking docket on regulations.gov, including relevant sci¬entific and technical findings, in an open format that can be easily searched and downloaded. For proposed rules, such access SHALL INCLUDE, to the extent feasible and permitted by law, AN OPPORTUNITY FOR PUBLIC COMMENT on all pertinent parts of the rulemaking docket, including relevant scientific and technical findings
(c)
Before issuing a notice of proposed rulemaking, each agency, where
feasible and appropriate, shall seek the views of those who are likely to
be affected, including those who are likely to benefit from and those who
are potentially subject to such rulemaking.
Sec. 3.
Integration and Innovation.
Some sectors and industries face a signifi¬cant number of regulatory requirements, some of which may be redundant, inconsistent, or overlapping. Greater coordination across agencies could re¬duce these requirements, thus reducing costs and simplifying and harmo¬nizing rules. In developing regulatory actions and identifying appropriate approaches, each agency shall attempt to promote such coordination, sim¬
plification, and harmonization. Each agency shall also seek to identify, as
appropriate, means to achieve regulatory goals that are designed to promote
innovation.
Sec. 4.
Flexible Approaches.
Where relevant, feasible, and consistent with
regulatory objectives, and to the extent permitted by law, each agency shall
identify and consider regulatory approaches that reduce burdens and main¬tain flexibility and FREEDOM OF CHOICE FOR THE PUBLIC. These approaches
include warnings, appropriate default rules, and DISCLOSURE REQUIREMENTS
AS WELL AS PROVISION OF INFORMATION TO THE PUBLIC IN A FORM THAT IS CLEAR AND INTELLIGIBLE
Sec. 5.
Science.
Consistent with the President’s Memorandum for the Heads
of Executive Departments and Agencies, ‘‘Scientific Integrity’’
(March 9, 2009), and its implementing guidance, each agency SHALL ensure the objectivity of any scientific and technological information and processes used to support the agency’s regulatory actions.
Sec. 6.
Retrospective Analyses of Existing Rules.
(a) To facilitate the periodic review of existing significant regulations, agencies shall consider how best to promote retrospective analysis of rules that may be outmoded, ineffective, insufficient, or EXCESSIVELY BURDENSOME, and to modify, streamline, expand, OR REPEAL THEM in accordance with what has been learned. Such retrospective analyses, including supporting data, should be released online whenever possible.
(b)
Within 120 days of the date of this order, each agency shall develop
and submit to the Office of Information and Regulatory Affairs a preliminary
plan, consistent with law and its resources and regulatory priorities, under
which the agency will periodically review its existing significant regulations
to determine whether any such regulations should be modified, streamlined,
expanded, OR REPEALED SO AS TO MAKE THE AGENCY’S REGULATORY PROGRAM MORE EFFECTIVE OR LESS BURDENSOME in achieving the regulatory objectives.

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Sue and Settle – The Growing Problem of Closed-Door Rulemaking …
www.jdsupra.com/…/sue-and-settle-the-growing-problem-of-16599/‎
Apr 8, 2013 – So-called “sue and settle” tactics are becoming an increasingly … the accelerated timelines can afford little or no opportunity for review of new …
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SUE AND SETTLE – US Chamber of Commerce
www.uschamber.com/sites/default/…/SUEANDSETTLEREPORT-Final.p…‎
additional methodology and the development of a database of sue and settle cases. ….. with no participation by other affected parties or the public.12 ….. states an estimated $2.16 billion over and above what they had been prepared to spend …
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12 states sue EPA over agency’s alleged ‘sue and settle’ tactics
Fox News ^ | July 17, 2013/
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States Investigate EPA’s “Sue-and-Settle” Practice – ACOEL
www.acoel.org/…/States-Investigate-EPAs-Sue-and-Settle-Practice.aspx‎
Jan 15, 2013 – At issue is the EPA’s practice of entering into voluntary settlements of … public participation and judicial review; (ii) how billions of dollars in added costs … Tags: EPA, SUE-AND-SETTLE, OFF-RAMP RULEMAKING, COLLUSIVE SETTLEMENTS.
Chamber of Commerce Senior Vice President William Kovacs said at yesterday’s hearing that sue and settle is the vehicle by which EPA has instituted at least 16 rules in recent years, including such controversial regulations as New Source Performance Standards for greenhouse gas emissions from electric utilities and refineries; revisions to the definition of solid waste under the Resource Conservation and Recovery Act; and Clean Air Act regulations on oil and gas drilling operations.
Kovacs said, the Treasury Department’s Justice Fund is set up in such a way that information on who and how much money is paid in the settlement process is not disclosed.
http://www.nytimes.com/gwire/2011/07/15/15greenwire-house-republicans-accuse-epa-enviros-of-collus-69925.html
House Republicans Accuse EPA, Enviros of Collusion
By JOHN MCARDLE of Greenwire

Published: July 15, 2011
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What Do SECRET “SUE-AND-SETTLE” deals have to do with the Dodd Frank Act?
Dodd-Frank Act Regulatory Reform Rules – Federal Reserve Bank of …
www.stlouisfed.org › Banking‎
Dodd-Frank Act Regulatory Reform Rules. A roadmap for tracking the rulemaking process from start to finish?
President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act into law. yet another landmark piece of legislation putting the middle class ABOVE THE SPECIAL INTERESTS? THAT FOR SO LONG HAD A STRANGLEHOLD ON AMERICA’S GOVERNMENT?
GO FIGURE?
Quayle says that more sue and settle regulations could come out of the Dodd-Frank financial regulatory law, which has already missed a series of regulatory deadlines.

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