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Do Sue and Settle Practices Undermine Congressional Intent for Cooperative Federalism on Environmental Matters?

Engage Volume 15, Issue 2
David B. Rivkin, Jr., Adam Doverspike September 08, 2014
EPA sign

This article is about whether sue and settle practices undermine congressional intent for cooperative federalism on environmental matters. Certain environmental statutes mandate agency action by non-discretionary deadlines. The EPA chronically misses mandatory deadlines because congressional allocations and agency staffing cannot meet the sheer number of congressionally-required regulations. Citizen suit provisions entice environmental activists to sue the EPA for missing those mandatory deadlines. And attorney fee provisions allow activists to profit from the lawsuits....[Read More!]

 

ABA Watch August 2014

Table of Contents
August 07, 2014
ABA Watch August 2013

ABA Watch has a very simple purpose—to provide facts and information on the Association, thereby helping readers to assess independently the value of the organization’s activities and to decide for themselves what the proper role of the ABA should be in our legal culture.  We believe this project is helping to foster a more robust debate about the legal profession and the ABA’s role within it, and we invite you to be a part of this exchange by thinking about it and responding to the material contained in this and future issues....[Read Now!]