The Coyote draws our attention to a spreading practice that amounts to malfeasance in disguise.
Congress has ceded far, far too much legislative power to Administration agencies like the EPA. The only check that exists for that power is process -- regulators have to go through fairly elaborate and lengthy steps, including several full stops to publish draft rules and collect public comment. A lot of garbage gets through this process, but at least the worst can be halted by a public or Congressional outcry to draft rules.
But like most government officials, regulators resent having any kind of check on their power. Just like police look for ways to conduct searches without warrants, and even the President looks for ways to rule without Congress, the EPA wants to regulate unfettered by public comment process.
The EPA has found a clever and totally scary way around this. In short, they collude with a friendly environmental group which sues the EPA seeking certain rules that the EPA believes to be too controversial to survive the regulatory process. The EPA settles with the friendly group, and a consent decree is issued imposing the new rules, entirely bypassing any rules-making or public comment process. The EPA then pretends that they were "forced" into these new rules, and as a kicker, the taxpayer funds the whole thing by making large payoffs to the environmental group who initiated the suit part of the settlement. Larry Bell describes the process:
Read the entire post at the source.
See also Administrative Creep.