No Regulation Through Litigation Act of 2025
Should HB849 be enacted, its provisions would have significant implications for the way federal agencies operate in relation to litigation. The bill would prevent federal agencies from entering into consent decrees that the courts lack the authority to enforce. Furthermore, it restricts the inclusion of attorneys' fees and litigation costs in any settlement agreement or consent decree involving regulation or guidance documents. This could result in a reduction of federal agencies' ability to leverage settlements as a means to enforce compliance with regulations, thereby potentially limiting regulatory effectiveness.
House Bill 849, titled the 'No Regulation Through Litigation Act of 2025', is aimed at placing limitations on federal agencies regarding their ability to enter into settlement agreements and consent decrees that exceed the authority of the courts. The primary objective of the bill is to curb the power federal agencies hold in adopting regulations through settlement agreements, which proponents argue can lead to overreach and a lack of accountability. By imposing strict limitations, the bill seeks to ensure that agencies do not exceed their jurisdiction and that any agreements made are kept within legally defined boundaries.
The legislation has sparked debate and controversy among lawmakers and advocacy groups. Proponents argue that limiting consent decrees will help reduce frivolous lawsuits against federal agencies, thus promoting a more efficient legal process. Critics, however, argue that the bill undermines the ability of agencies to develop effective regulatory policies through collaboration and negotiation. They contend that it could lead to a decrease in accountability for federal agencies, as they may be less inclined to reach settlements that hold them responsible for regulatory missteps. The disagreement centers around the balance between regulatory oversight and ensuring federal agencies adhere to their legal limits.