--- title: The EPA Ends an Obama-Era Practice That Sped Up New Rules description: The Environmental Protection Agency (EPA) will stop issuing new environmental regulations in response to third-party lawsuits canonical: https://time.com/4983904/epa-regulations-rules-lawsuits-scott-pruitt/ author: Justin Worland article:opinion: false article:content_tier: free article:published_time: 2017-10-16T16:54:59.000Z article:modified_time: 2026-10-08T09:57:08.622Z article:section: Politics og:title: The EPA Is Ending an Obama-Era Practice That Conservatives Say Sped Up New Rules og:description: Conservatives say environmentalists used lawsuits to force new regulations to be written og:url: https://time.com/4983904/epa-regulations-rules-lawsuits-scott-pruitt/ og:site_name: TIME og:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt0212e856e3ae395a/6988e2220a4a22ead39d0585/scott-pruitt-epa-sue-and-settle.jpeg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 og:image:width: 3500 og:image:height: 1969 og:image:alt: scott pruitt epa sue and settle og:type: article twitter:card: summary_large_image twitter:title: The EPA Is Ending an Obama-Era Practice That Conservatives Say Sped Up New Rules twitter:description: Conservatives say environmentalists used lawsuits to force new regulations to be written twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/blt0212e856e3ae395a/6988e2220a4a22ead39d0585/scott-pruitt-epa-sue-and-settle.jpeg?branch=production&width=1200&quality=75&auto=webp&crop=16:9 ---  # The EPA Is Ending an Obama-Era Practice That Conservatives Say Sped Up New Rules > Sponsored content. 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It explains the politics, personalities and power dynamics behind the headlines, twice a week. #### Where can I get analysis of Washington politics by email? D.C. Brief is TIME's free Washington politics newsletter, available at time.com/newsletters. It is written by a TIME senior correspondent who covers the capital full time. #### Who writes TIME's D.C. Brief? Philip Elliott, a senior correspondent at TIME, writes D.C. Brief. #### Is D.C. Brief free? Yes. D.C. Brief is free at time.com/newsletters. ### Sources * TIME Newsletters: [time.com/newsletters](/c/time-nl-dcbrief-2026q3/newsletters?i=4355cc6a-b7ed-461d-8a3f-b54518ad8ee8&cr=time-nl-dcbrief-2026q3-v1) ## Video: The Legal Reasons Why President Trump Won't Take A Stand On Climate Change [Watch (HLS stream): The Legal Reasons Why President Trump Won't Take A Stand On Climate Change](https://cdn.jwplayer.com/manifests/mia6Tcb8.m3u8) (2:11)  _Published 2017-09-26. The Legal Reasons Why President Trump Won't Take A Stand On Climate Change_  by [Justin Worland](https://time.com/author/justin-worland/)  ## Justin Worland Senior Correspondent Oct 16, 2017 4:54 PM UTC The Legal Reasons Why President Trump Won't Take A Stand On Climate Change  by [Justin Worland](https://time.com/author/justin-worland/)  ## Justin Worland Senior Correspondent Oct 16, 2017 4:54 PM UTC The Environmental Protection Agency will stop issuing new environmental regulations in response to lawsuits from outside groups, ending a practice that conservatives say had been used by environmental groups during the Obama Administration to speed up the process, the agency’s head said Monday. In a briefing for reporters, EPA Administrator Scott Pruitt said that the reversal was a matter of following proper procedure. “We are no longer going to be engaged in that practice,” EPA Administrator [Scott Pruitt](http://time.com/4594238/donald-trump-scott-pruitt-epa/) said in a briefing for reporters. “It’s a very important day to make sure that as we engage in our rulemaking process we respect the process that Congress has established.” The EPA will also post legal petitions publicly for comment before any potential settlement with a third party and end the practice of paying attorneys fees for outside groups that sue the agency, Pruitt said. The [directive](https://www.epa.gov/newsroom/directive-promoting-transparency-and-public-participation-consent-decrees-and-settlement) ending the practice — known among conservatives as “sue and settle” — formalizes a stance Pruitt has taken since the early days of his tenure. Pruitt criticized the practice in a speech addressing agency employees shortly after taking office. And he has since issued a verbal directive along those lines earlier this year, according to an _E&E News_ [report](https://www.eenews.net/greenwire/stories/1060056921?t=https%3A%2F%2Fwww.eenews.net%2Fstories%2F1060056921). Conservative groups have long criticized “sue and settle” as running afoul of the rule of law, in particular the Administrative Procedure Act, which governs how agencies issue regulations. The move is the latest in a slew of efforts from Pruitt in his nine months on the job to shift the direction of the agency. Last week, Pruitt formally initiated a process to revoke the Clean Power Plan, Obama’s central measure aimed at fighting climate change. Asked Monday whether the agency would issue a [replacement](http://time.com/4976455/clean-power-plan-repeal-scott-pruitt-trump/), Pruitt said “that is in process” and suggested that the agency would provide more clarity soon when it formally begins the process of soliciting public comment on the issue. ## Transcript [00:00] As a candidate Donald Trump had no problem giving his [00:03] opinion about climate change. So Obama's talking about all [00:06] of this with the global warming, and a lot of it's a hoax, it's a [00:10] hoax, I mean it's a money making industry okay .>> But as [00:13] president he won't say what he things and neither will his [00:15] administration. The president himself during the campaign [00:19] called climate change a hoax. Have you had that [00:21] conversation with him? I have not had that conversation [00:23] with him. He no longer believes what he tweeted during [00:27] the course of the campaign in years earlier, that it's a [00:29] hoax? Look, you're gonna have to ask him. I'll ask it one [00:33] more time. Does he believe global warming's a hoax? [00:35] Does he believe- You should ask him that. When asked [00:37] their own opinions, other members of the Trump [00:38] administration generally agree the climate is changing and [00:41] humans may play a role. Climate is changing, it always [00:44] has. Man at this particular point in time is having an effect [00:47] on it, how much effect is what's at debate here. So why is [00:51] Trump himself so cagey? Part of it is political, polls show [00:55] the majority of Americans believe global warming is real [00:58] and is caused by human activities. Part of it personal, [01:01] Trump does not like to admit he was wrong about an issue [01:04] in the past As can be seen from his brief and begrudging [01:07] admission this his crusade over President Obama's birth [01:09] certificate was mistaken. President Barack Obama [01:14] was born in the United States, period. But there's [01:19] a legal reason too. The Environmental Protection Agency [01:22] has found that the greenhouse gases, which cause climate [01:24] change Are a form of pollution that endanger human health [01:27] and wellbeing. And thanks to a 2007 Supreme Court ruling, [01:31] that means the EPA must act on those findings. If the [01:33] Trump Administration were to say climate change isn't real [01:36] it would be open to lawsuits from environmentalists for not [01:39] acting on its own EPA findings. EPA Administrator Scott [01:43] Pruitt is careful to say that it's real in some form. I indicated [01:48] That in fact global warming is occurring. That human [01:51] activity contributes to it in some manner. That doesn't mean [01:54] the EPA has to keep the Obama administration's plans in [01:57] place. In fact members of the Trump adminstration have [02:00] been steadily rolling back regulations designed to fight [02:03] climate change. They just can't say they're doing that. [02:05] Because climate change isn't real. 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