- Potential benefitLimits agencies from using litigation settlements to create binding policy without formal rulemaking.
- Federal agenciesPrevents taxpayer-funded agency payment of attorneys' fees in settlements that produce regulations or guidance.
- Potential benefitReinforces judicial oversight by requiring consent decrees to stay within a court's authority.
No Regulation Through Litigation Act of 2025
Referred to the House Committee on the Judiciary.
The bill prohibits federal agencies from entering consent decrees that exceed the authority of the issuing court, bars settlement agreements or consent decrees from including payment of attorneys’ fees or litigation costs when they produce regulations or guidance, defines "guidance document" and "regulation," and includes a severability clause.
Progressives emphasize harms to enforcement and fee-funded private suits
Relative to its intended legislative type, this bill establishes clear, categorical prohibitions and supplies detailed definitional material for key terms, but it provides limited procedural, enforcement, fiscal, and oversight detail necessary to operationalize those prohibitions across the federal executive branch and the courts.
The bill prohibits federal agencies from entering consent decrees that exceed the authority of the issuing court, bars settlement agreements or consent decrees from including payment of attorneys’ fees or litigation costs when they produce regulations or guidance, defines "guidance document" and "regulation," and includes a severability clause.
Contentious administrative-law reform with modest fiscal footprint; plausible in one chamber but faces significant obstacles in the other and in implementation challenges.
Relative to its intended legislative type, this bill establishes clear, categorical prohibitions and supplies detailed definitional material for key terms, but it provides limited procedural, enforcement, fiscal, and oversight detail necessary to operationalize those prohibitions across the federal executive branch and the courts.
Progressives emphasize harms to enforcement and fee-funded private suits
Who stands to gain, and who may push back.
These are examples from the analysis, not a ranked list of the most-affected groups.
- Potential burdenCould make agencies less willing or able to settle complex enforcement or reform litigation.
- Potential burdenMay increase litigation time and costs by forcing disputes into protracted court or rulemaking processes.
- Potential burdenCould reduce plaintiffs' ability to recover attorneys' fees, discouraging some meritorious public-interest lawsuits.
Why the argument around this bill splits.
Progressives emphasize harms to enforcement and fee-funded private suits
Likely skeptical or opposed.
The bill limits agencies' ability to resolve litigation through consent decrees and forbids fee awards that often support private enforcement, potentially weakening civil-rights, environmental, and consumer remedies.
Those outcomes are inferred from the text but their magnitude is uncertain.
Mixed view.
Supports the principle of preventing "regulation through litigation" and strengthening judicial review, but concerned about unintended consequences for efficient enforcement and remedies.
Would seek narrow, targeted fixes and exceptions to preserve legitimate settlements.
Generally supportive.
The bill curbs administrative overreach by stopping agencies from imposing substantive policy through settlements or guidance and eliminates incentives for litigation-driven regulation.
It aligns with priorities to constrain regulatory agencies and reinforce courts' roles.
The path through Congress.
Reached or meaningfully advanced
Reached or meaningfully advanced
Still ahead
Still ahead
Still ahead
Contentious administrative-law reform with modest fiscal footprint; plausible in one chamber but faces significant obstacles in the other and in implementation challenges.
- No cost estimate or executive-branch implementation analysis included
- How courts would interpret "exceeds the authority of the court"
Recent votes on the bill.
No vote history yet
The bill has not accumulated any surfaced votes yet.
Go deeper than the headline read.
Progressives emphasize harms to enforcement and fee-funded private suits
Contentious administrative-law reform with modest fiscal footprint; plausible in one chamber but faces significant obstacles in the other a…
Relative to its intended legislative type, this bill establishes clear, categorical prohibitions and supplies detailed definitional material for key terms, but it provides limited procedural, enforcement, fiscal, and ov…
Go beyond the headline summary with full stakeholder mapping, legislative design analysis, passage barriers, and lens-by-lens tradeoff breakdowns.