Actually it is written into individual EPA regulations - if they don't write it into the regulation you can't bring a suit against the EPA over enforcement of that regulation. The EPA does this primarily for environmental groups so they can sue the EPA to apply stricter enforcement with the authority of a federal judgement. Usually the lawsuit clause is limited to ENFORCEMENT only with the only damages to be collected are lawyer fees. So when the EPA puts a farmer out of business all he can sue them for to prevent enforcement of a regulation and attorney fees - he is not allowed to sue for actual financial losses.
EPA chose not to defend itself in lawsuits brought by special interest advocacy groups at least 60 times between 2009 and 2012. In each case, it agreed to settlements on terms favorable to those groups. These settlements directly resulted in EPA agreeing to publish more than 100 new regulations.
An example of how the "enforcement clause" works is the EPA recent poisoned the Animas River - thousands of people that rely on the river have been devastated by the loss of drinking water, but the EPA walks away Scott free because they can't be held for financial damages. If the people sued for "enforcement" what will they actually get?
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Today's Featured Article - The Tractor Parade: Story of a Case SC - by Bernie DeLon. On a early fall morning back in 1994, I opened the newspaper and happened to spy an article about a local antique tractor club having their annual show that weekend.
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