Interior’s sue and settle order exposes secret settlements with activists
September 17, 2018
Activists have grown rich by suing the government and reaping billions of taxpayers' dollars — and all in secret. U.S. Department of Interior, however, has issued an order to curb this abuse of basic, democratic processes and open backroom deals to public scrutiny. The American Farm Bureau Federation applauds this overdue action.
Interior alone paid out more than $4.4 billion in monetary awards under terms of 460 settlement agreements and consent decrees between Jan. 1, 2012, and Jan. 19, 2017. In other words, Interior paid out an average of more than $800 million a year while keeping key aspects of litigation secret.
It's easy to see why so many outside observers fear an unaccountable bureaucracy cutting deals with activists."The Department of Interior is shining light on a corner of government most people don't even know exists," AFBF General Counsel Ellen Steen said. "Basic transparency demands that citizens know what their government is doing. When activists sue, they can tie up the government with dozens of frivolous claims but still recover attorneys' fees if a judge upholds even one, solitary claim.
"Faced with a barrage of allegations that sap agency time and resources whether they have merit or not, the government is too often motivated to capitulate through secret settlements. Some agencies have even been known to invite litigation with the purpose of entering a settlement to provide political cover for controversial agency policies. And in settling, agencies often agree to pay legal fees, which further fuels the sue-and-settle machine. This action is a solid first step to fixing the problem. Every other federal agency should follow suit."
Among other things, the department has committed to:
Establish a publicly accessible webpage that details ongoing litigation.
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Post a searchable list and text of final judicial and administrative consent decrees and settlement agreements that govern departmental actions along with details of attorneys' fees paid.
Post any proposed consent decree or settlement agreement that commits DOI to seek a particular appropriation or budget authorization from congress or formally reprogram appropriated funds.
Publish notice of proposed consent decrees and settlements in the Federal Register, and provide a public comment period of at least 30 days.
Full text and details of the order can be found here: https://www.doi.gov/sites/doi.gov/files/elips/documents/so_3368_promoting_transparency_and_accountability_in_consent_decrees_and_settlement_agreements.pdf. ❖