ZELDIN Act

Summary#

This bill would change how the Environmental Protection Agency (EPA) handles certain lawsuits, referrals to the Department of Justice (DOJ), and grant terminations. The EPA Administrator could not dismiss an EPA lawsuit or withdraw a DOJ referral for a "covered claim" unless the Administrator notifies Congress and a joint resolution approving the dismissal or withdrawal is enacted within 30 days. A "covered claim" is one that involves a chemical the EPA has found through an Integrated Risk Information System (IRIS) assessment to be a likely or known human carcinogen.

The bill sets expedited procedures for Congress to consider the required joint resolution in both the House and the Senate. It also requires the EPA Administrator to consult the EPA Office of General Counsel before terminating any grant or cooperative agreement, and the Office of General Counsel must determine that a termination complies with applicable OMB and EPA rules and the grant terms. The bill limits when grant funds can be deobligated or returned to the Treasury and restricts federal agencies from penalizing grant recipients for failing to close out awards while related judicial proceedings are pending. A person harmed by a violation of this Act may sue the Administrator and seek injunctive relief, damages (at least $1,000 per violation or compensatory and punitive damages, with treble damages for bad faith), and attorney's fees.

The bill also allows a court that finds the Administrator violated the Act to reduce the Administrator's annual basic pay to $1. It requires the EPA to use specific economic analysis guidance (OMB Circular A-4 from 2023 and EPA Guidelines for Preparing Economic Analyses, 3rd edition, 2024) when carrying out significant regulatory actions. The Act would sunset on January 20, 2029.

What it means for you#

  • If you are a person or company accused of releasing certain chemicals that the EPA has identified as likely or known carcinogens, the EPA could not drop related lawsuits or DOJ referrals without Congress approving that action.
  • Organizations that receive EPA grants would face stronger procedures before the EPA could terminate awards.
  • Grant recipients could not be marked down in federal grant decisions for failing to close out awards while related court cases are ongoing.
  • Individuals harmed by a violation of this Act can file a lawsuit against the EPA Administrator and may seek damages and legal costs.

Expenses#

No publicly available information on estimated federal costs. The bill does specify potential monetary damages for private lawsuits (at least $1,000 per violation or compensatory and punitive damages, with treble damages for bad faith) and a penalty that could reduce the Administrator's pay to $1 if a court finds a violation.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.