Here’s a key part of a recent article by Kimberley Strassel, of the Wall Street Journal, profiling President Trump’s Environmental Protection Agency (EPA) director, Scott Pruit:
Speaking of lawsuits, Mr. Pruitt says he plans to end the practice known as “sue and settle.” That’s when a federal agency invites a lawsuit from an ideologically sympathetic group, with the intent to immediately settle. The goal is to hand the litigators a policy victory through the courts—thereby avoiding the rule-making process, transparency and public criticism. The Obama administration used lawsuits over carbon emissions as its pretext to create climate regulations.
“There is a time and place to sometimes resolve litigation,” Mr. Pruitt allows. “But don’t use the judicial process to bypass accountability.” Some conservatives have suggested the same tactic might be useful now that Republicans are in charge. “That’s not going to happen,” he insists. “Regulation through litigation is simply wrong.” Instead, Mr. Pruitt says, the EPA will return to a rule-making by the book. “We need to end this practice of issuing guidance, to get around the rule-making procedure. Or rushing things through, playing games on the timing.”
There are way too many ways for activists to slip changes into the law without the awareness of a voting public that can’t possibly keep track of it all or, even if we could track it, select candidates to correct specific problems on the vast field of government activity. That’s why it’s entirely appropriate to elect executives who see themselves in opposition to the bureaucracy itself.
Don’t forget, by the way, that the activists moving policy through “sue and settle” also tend to take home a decent paycheck courtesy of the government, like the ACLU lawyers who sued Rhode Island over the UHIP debacle.