[FateAmenableToChange]

Such Court sanctioned agreements have long been used by to create law without congressional approval, law that is impossible to remove by regulatory means.

We should be very very concerned at any such settlements. Enviros use them all the time to "force" EPA to adopt regulations or interpretations of federal statutes that then becoming binding because of the court order. When the agency colludes with their friends in the enviro community it means we are all cut out of the process.

[marktwain]

When the agency colludes with their friends in the enviro community it means we are all cut out of the process.

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Exactly correct. We should use them to our advantage, then push for making them illegitimate in an Article V convention in three years.