Date of Award:
Master of Science (MS)
Economics and Finance
Department name when degree awarded
Randy T. Simmons
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.
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.
Copyright for this work is retained by the student. If you have any questions regarding the inclusion of this work in the Digital Commons, please email us at .