H.R. 8440: Zealously Eliminating Legal Decisions of Ineptitude and Negligence Act

This bill, known as the Zealously Eliminating Legal Decisions of Ineptitude and Negligence (ZELDIN) Act, outlines new procedures regarding how the Environmental Protection Agency (EPA) can handle lawsuits related to certain carcinogenic substances. Below are the key components of the bill:

1. Approval for Dismissal of Lawsuits

The EPA Administrator is required to obtain congressional approval before:

• Dismissing a lawsuit filed by the EPA concerning a claim related to releases of certain carcinogens.
• Withdrawing a referral to the Department of Justice concerning these claims.

The Administrator must provide notice to both Houses of Congress when seeking to take such actions. This includes specifying that the claims involve chemicals identified as likely or known human carcinogens by the EPA.

2. Congressional Review Process

To dismiss a lawsuit or withdraw a referral, the Administrator must achieve the following:

• Notify Congress about the intended dismissal or withdrawal.
• Obtain a "joint resolution of approval" from Congress, which must be introduced within a specific time frame (30 days) after notification.

The bill outlines specific rules for how this approval must be considered in both the House and Senate, including time frames for committee reporting and limitations on amendments to the resolutions.

3. Definitions

Key definitions provided in the bill include:

• Covered claim: A claim involving the release of a chemical identified by the EPA as a likely or known carcinogen.
• Joint resolution of approval: A formal resolution to approve the dismissal or withdrawal, which must follow specified formatting and timing rules.

4. Grant Termination Consultation

The bill requires that before the Administrator terminates any grants or cooperative agreements, they must consult with the Office of General Counsel of the EPA to ensure compliance with existing rules and regulations regarding those grants.

5. Preservation of Grant Obligations

Provisions are included to ensure that amounts awarded in grants cannot be considered unobligated simply due to termination, and the completion of any ongoing civil actions must occur before any funds can be returned to the Treasury or considered deobligated.

6. Judicial Relief

The bill allows individuals harmed by violations of this act to seek judicial remedies, which include:

• Injunctive relief.
• Monetary damages, either the greater of compensatory and punitive damages or a set minimum amount.
• Reimbursement for legal costs.

7. Penalties for Violations

If a court finds that the EPA Administrator has violated the provisions of this bill, the court can reduce the Administrator's annual salary to $1 as a penalty.

8. Regulatory Process Codification

The bill codifies processes that the EPA must follow when engaging in significant regulatory actions, including economic analyses related to public health benefits, aligning them with current guidelines from the Office of Management and Budget.

9. Sunset Clause

This bill contains a sunset provision stating that it will expire on January 20, 2029.

Relevant Companies

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