Date of Award:
5-2019
Document Type:
Thesis
Degree Name:
Master of Science (MS)
Department:
Economics and Finance
Department name when degree awarded
Economics
Committee Chair(s)
Christopher Fawson
Committee
Christopher Fawson
Committee
Randy T. Simmons
Committee
Anthony Peacock
Abstract
Sue-and-settle is the name applied to a federal agency’s use of litigation to create policy outside of the normal regulatory process. This paper discusses the impact that the sue-and-settle policy has had on Congress, the judiciary, and the Environmental Protection Agency. Specifically, this paper will discuss the issues caused by the perception of collusion within the sue-and-settle policy. First, this paper examines whether a relationship occurs between the litigants. The paper then discusses whether the relationship between the litigants in sue-and-settle cases tends to be collusive or not. The second part of the paper examines how Congress, the Environmental Protection Agency, and the judiciary are viewed because of the continued perception of collusion in the agency’s settlements. Overall, this paper finds that, the impacts of the sue-and-settle policy, and the perception of collusion, has affected Congress, the Environmental Protection Agency, and the judiciary by increasing regulation, distorting the purpose of the courts, and resulting in a lost value for the regulatory process.
Checksum
834a83b079ff534038fe744dc41f274e
Recommended Citation
Colton, Katie L., "The Sue-and-Settle Phenomenon: Its Impact on the Law, Agency, and Society" (2019). All Graduate Theses and Dissertations, Spring 1920 to Summer 2023. 7412.
https://digitalcommons.usu.edu/etd/7412
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