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Diane Publishing Books
Environmental Litigation: Impact of Deadline Suits on EPAńˇ╗s Rulemaking Is Limited
J. Alfredo Gomez (au)
Laws, such as the Clean Air Act, require the Environmental Protection Agency (EPA) to issue rules by specific deadlines. Citizens can sue EPA for not issuing rules on time. These lawsuits are sometimes known as deadline suits. EPA sometimes negotiates a settlement to issue a rule by an agreed upon deadline. There is concern that the public is not involved in the negotiations and that settlements affect EPA rulemaking priorities. This report examines (1) key environmental laws that allow deadline suits and the factors that EPA and the Department of Justice (DOJ) consider in determining whether to settle these suits; (2) the terms of settlements that led EPA to issue major rules in the last 5 years and the extent to which the public commented on the settlements; and (3) the extent to which settlements in deadline suits have affected EPAńˇ╗s rulemaking priorities. Tables and figure. This is a print on demand report.
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