A consent decree is a settlement agreement that resolves a dispute between two parties without admission of guilt or liability. It is a court-enforced settlement, agreed to by all parties and approved by a court. Consent decrees are frequently used by federal courts to ensure that businesses and industries adhere to regulatory laws in areas such as antitrust law, employment discrimination, and environmental regulation. They are also often used in government regulation in areas such as antitrust, securities, and environmental law. When the government sues a person or company and the defendant agrees to stop its illegal conduct, the government may agree not to pursue the case, and the court approves and issues a consent decree.
A consent decree is a decree made by a judge with the consent of all parties. It is not strictly a judgment, but rather a settlement agreement approved by the court. The agreement is submitted to the court in writing after the parties have reached a settlement, and once approved by the judge, the agreement is binding and enforceable on both parties. Typically, consent decrees are detailed documents that include specific requirements and deadlines for action.
Consent decrees are used to address systemic and underlying issues in a department or organization. They are legal tools used in everything from antitrust cases to environmental regulation. Consent decrees can help reckon with cultures of impunity and mitigate the harms of mass incarceration and unlawful use of force by law enforcement.
