Summary
This paper discusses a new form of regulation. Rather than issuing rules, some government agencies, including the Environmental Protection Agency, have started to file lawsuits. With this approach, agencies can avoid congressional safeguards designed to rein in overly zealous regulators. They may also win acclaim for high-profile settlements, regardless of whether the regulatory objective is achieved.
In addition to this Policy Series, the complete research paperis available on the PERC site.
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