EPA’s back-room ‘sue and settle’ deals require reform

Published May 25, 2013 4:00am ET



Imagine the outcry if the nation woke up this morning to New York Times and Washington Post headlines reporting that in order to settle a lawsuit against Charles and David Koch, officials with the Environmental Protection Agency had met behind closed doors with them to iron out a deal that effectively allowed the brothers to rewrite regulations as they pleased. Imagine, also, that the EPA and the Kochs then got a federal court to issue a decree ratifying the deal and giving it the force of law? The sun would not likely set on a peaceful America until the EPA/Koch deal was utterly repudiated and those in government responsible for it frog-marched to jail after being charged with multiple violations of the Administrative Procedures Act.

So where were the outraged headlines for any of the 34 times since 2009 that the EPA did similar closed-door deals, but with the Sierra Club rather than the Kochs? Or the 20 times the agency accepted closed-door deals with another environmental activist group, the WildEarth Guardians? Why no headlines for the nine deals EPA accepted with the Natural Resources Defense Council, the six with the Center for Biologial Diversity or the five with the Environmental Defense Fund? In fact, none of the 71 closed-door deals EPA has accepted since 2009 with private parties involved in environmental advocacy and activism got front-page headlines.

Trusted reporting.Unlimited access.

Subscribe for full access to Washington Examiner coverage, expert political analysis, and subscriber-only journalism.

Get Unlimited Access

Already a member? Log in

Cancel anytime.