Regulation by Litigation Archive

Public Policies Imposed Through Closed Processes
A series of ongoing lawsuits identified by CRE are seeking to change federal regulatory policy through the judicial action. Creating public policy through the closed judicial process instead of the open legislative and regulatory processes is known as Regulation by Litigation. To help protect the public from abuses of the judicial process, CRE is publicizing key examples of Regulation by Litigation since, in the words of Justice Brandeis, sunshine is the best disinfectant. More specifically, once stakeholders are aware of the scope and extent of Regulation by Litigation, they can utilize the existing democratic processes to correct the situation.