H.R. 849 (119th)Bill Overview

No Regulation Through Litigation Act of 2025

Government Operations and Politics|Administrative law and regulatory proceduresCivil actions and liability
Cosponsors
Support
Republican
Introduced
Jan 31, 2025
Discussions
Bill Text
Current stageCommittee

Referred to the House Committee on the Judiciary.

Introduced
Committee
Floor
President
Law
Congressional Activities
01 · The brief
Plain-English summaryWhat this bill actually does

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.

Why people may split

Progressives emphasize harms to enforcement and fee-funded private suits

Watch point

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.

Passage35/100

Contentious administrative-law reform with modest fiscal footprint; plausible in one chamber but faces significant obstacles in the other and in implementation challenges.

CredibilityPartially aligned

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.

Contention70/100

Progressives emphasize harms to enforcement and fee-funded private suits

02 · What it does

Who stands to gain, and who may push back.

Likely benefits vs burdens50% / 50%
Federal agenciesLikely burdened

These are examples from the analysis, not a ranked list of the most-affected groups.

Likely helped
  • 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.
Likely burdened
  • 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.
03 · Why people split

Why the argument around this bill splits.

Progressives emphasize harms to enforcement and fee-funded private suits
Progressive20%

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.

Likely resistant
Centrist55%

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.

Split reaction
Conservative90%

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.

Leans supportive
04 · Can it pass?

The path through Congress.

Introduced

Reached or meaningfully advanced

Committee

Reached or meaningfully advanced

Floor

Still ahead

President

Still ahead

Law

Still ahead

Passage likelihood35/100

Contentious administrative-law reform with modest fiscal footprint; plausible in one chamber but faces significant obstacles in the other and in implementation challenges.

Scope and complexity
52%
Scopemoderate
52%
Complexitymedium
Why this could stall
  • No cost estimate or executive-branch implementation analysis included
  • How courts would interpret "exceeds the authority of the court"
05 · Recent votes

Recent votes on the bill.

No vote history yet

The bill has not accumulated any surfaced votes yet.

06 · Go deeper

Go deeper than the headline read.

Included on this page

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…

Unlocked analysis

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.

Perspective breakdownsPassage barriersLegislative design reviewStakeholder impact map
Open full analysis