Sunshine For Regulations And Regulatory Decrees And Settlements Act Of
Mr. Chairman, I have an amendment at the desk. Mr. Chairman, I yield myself such time as I may consume. Mr. Chairman, I rise in support of my amendment which seeks to reduce H.R. 469's adverse effects on public health and environmental…
Mr. Chairman, I have an amendment at the desk.
Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, I rise in support of my amendment which seeks to reduce H.R. 469's adverse effects on public health and environmental quality. More specifically, my amendment would exempt from the terms of this bill consent decrees and settlement agreements pertaining to the maintenance or improvement of air and water quality.
Mr. Chairman, litigation empowers our constituents to hold Federal agencies accountable when they fail to take required actions by congressionally mandated deadlines. In many of these cases, agencies' failures are not in serious dispute. A missed deadline is a missed deadline. Litigants' goals are simply to ensure that the law is followed quickly and in full.
In such cases, it is not unusual, and certainly not unreasonable, for lawsuits to conclude with consent decrees or settlement agreements. As reported, this bill would introduction duplicative requirements and unnecessary barriers into the process by which the consent decrees and settlement agreements are reached. As a result, both tools would be used less often and less effectively.
Across the board, that change would be a mistake, but would generally be disastrous with respect to pollution. Air and water quality are matters of public health. When they fail to meet
certain levels, people get sick and potentially die. The World Health Organization says that unhealthy environments kill more than 12 million people annually. In the United States, multiple studies have shown that tens of thousands of deaths every year are attributable to air pollution alone. These figures, of course, do not begin to contemplate nonlethal effects of health and quality of life.
We all know that justice delayed is justice denied--and that is especially true when lives are at stake. When regulators fail to take mandated actions to maintain or improve air or water quality, that is an injustice. When they sincerely intend to take those actions, but fail to do so in a timely way, that is also an injustice.
If we make it harder for citizens to hold regulators accountable, if we take away tools that empower Americans to make their voices heard, and hold agencies to account, we are compounding those injuries.
Let me be clear: consent decrees and settlement agreements do make a real difference in people's lives. They do this not by changing the substance of the agencies' actions as a formal rulemaking would do, but by ensuring that the planned or required actions are actually taken.
I invite my colleagues to look at the Chesapeake Bay and the settlement agreement in Fowler v. EPA. Back in 2010, the EPA was under both congressional and executive mandates to improve water quality in the bay, but the agency was not on track to implement necessary standards within the required timeframe.
Citizens and public interest groups filed suit, and the case concluded in a settlement agreement that established a concrete deadline for actions that the agency was already working towards-- notably, the imposition of the total maximum daily load, a binding limit on pollution in the watershed.
The result has been a small but very promising improvement in the health of the bay. Were it not for the agreement, we might still be waiting on the EPA to take the actions necessary.
We would have lost a significant amount of time, and, instead of improving conditions, conditions might have worsened, and the problem we faced would have grown correspondingly greater.
So, again, Mr. Chairman, justice delayed is justice denied; and, again, consent decrees and settlement agreements prevent avoidable, unnecessary delay.
Contrary to what my friends on the other side of the aisle have said, consent decrees and settlements do not and cannot take the place of formal rulemaking. Existing Federal regulations prevent agencies from using either tool to make commitments in excess of what relevant statutes provide.
The GAO has explored whether deadline litigation affects the substance of agencies' actions; overwhelmingly, they concluded it does not.
So the only function of this bill would be to stymie citizens'--our constituents'--efforts to ensure that our laws are faithfully executed to protect our air and our water, and, therefore, our health, in court.
My amendment would fix that problem in at least one area, and I urge its adoption.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I appreciate the gentleman's concerns, but actually having been a trial lawyer and actually having practiced law in the courts of the Commonwealth of Virginia and elsewhere, there is no more transparent process than the litigation process.
I would submit that the notion that somehow these actions are brought by someone other than our constituents, someone other than citizens of the United States, is not well taken.
So, Mr. Chairman, I would conclude by simply asking that my colleagues support this amendment, that we move forward in that regard, and I yield back the balance of my time.
Mr. Chairman, I demand a recorded vote.