Sponsors (2)
The bill increases transparency, public participation, and state/local ability to influence agency settlements and clarifies some legal definitions — but it substantially raises procedural hurdles, delays, and costs for agencies and litigants and may reduce incentives and avenues for private enforcement and third‑party challenges.
Taxpayers and the general public will get earlier notice and more access to proposed agency consent decrees and settlements (60‑day publication, comment opportunities, certified indexes and records), increasing transparency and public participation in agency litigation and settlement processes.
State, local, and tribal governments will have greater ability to intervene and influence consent decrees because courts will start from a presumption that existing parties do not adequately represent intervenors' interests.
State and local governments (and programs relying on agency action) may see faster regulatory implementation in some cases because the bill narrows what counts as a 'covered civil action' and related consent‑decree scope, reducing certain surprise litigation risks.
Federal agencies, litigants, and taxpayers will face longer delays and greater administrative burdens to finalize settlements because of mandatory 60‑day public notice, comment responses, record compilation, potential public hearings, and additional court procedures.
Private plaintiffs and public‑interest litigants will be discouraged from bringing enforcement suits because the bill prohibits awards of attorneys’ fees and costs in actions resolved by covered consent decrees or settlements, reducing incentives for private enforcement.
Individuals, small businesses, and taxpayers will likely face higher litigation costs and increased complexity because the bill encourages broader participation (intervenors, amici, ADR processes) and expands record requirements, lengthening and complicating cases.
Based on analysis of 5 sections of legislative text.
Requires public notice, comment, disclosure, and expanded participation before agencies may enter or modify consent decrees or settlements that compel regulatory actions, and mandates de novo court review for modifications.
Introduced December 11, 2025 by Benjamin Cline · Last progress December 11, 2025
Requires federal agencies and courts to follow public notice, comment, and record-disclosure rules before entering or modifying consent decrees or settlement agreements that force agencies to take regulatory actions affecting private parties or state/local/tribal governments. It increases transparency by making agencies publish complaints and proposed settlements, accept public input for at least 60 days, include intervenors in settlement talks, and give courts expanded records and a fresh (de novo) review when agencies ask to modify those decrees or settlements. Applies only to covered civil actions filed and to covered consent decrees or settlement agreements proposed on or after the law takes effect, and does not apply retroactively to earlier cases or settlements.