Press Release from US Rep Denny Rehberg (R Montana)  June 1, 2011:

Rehberg Among Army of Western Lawmakers to Introduce Legislation to Combat Frivolous Lawsuits on Taxpayer Dime

06/01/11

WASHINGTON, D.C. – Montana’s Congressman, Denny Rehberg, has introduced legislation with Representative Cynthia Lummis (WY-AL) to reduce taxpayers’ burden to pay for the attorneys’ fees of environmental obstructionist groups who abuse the legal system to block economic development and destroy jobs.  The Government Litigation Savings Act makes long overdue reforms to the implementation and oversight of funds distributed through the Equal Access to Justice Act (EAJA).

“The abuse of our legal system and attack on Montana jobs is a big enough problem without the government asking the taxpayer to foot the bill for the lawyers,” said Rehberg, a member of the Congressional Western Caucus.  “Whether it’s wolf management, timber production or energy development, you can’t walk across the street in Montana without being sued by an out-of-state environmental obstructionist group.  And while these groups have millions in the bank, they’re using tax dollars to fund their legal obstruction.  This bill helps change that.”

“When the government stopped tracking EAJA payments in 1995, it was a dream come true for radical environmental groups. Lack of oversight has fueled the fire for these groups to grind the work of land management and other federal agencies to a halt — and it does so on the taxpayer’s dime.  Americans have unwittingly funded these obstructionist political agendas for far too long at the expense of individuals, small businesses, energy producers, farmers and ranchers who must pay out of their own pocket to defend the federal government against relentless litigation,” said Lummis. “This common sense legislation would help restore integrity to EAJA and return the program to the original intent of Congress.”

In 1980, Congress passed EAJA to help individuals, small businesses and non-profit organizations with limited access to financial resources defend themselves against harmful government actions.  EAJA allows for the reimbursement of attorney’s fees and costs associated with suing the federal government. When operating as it was intended, EAJA allows plaintiffs who sue the federal government to recover part of their attorney’s fees and costs if they “prevail” in the case.

The original legislation required annual reports to Congress on the amount and nature of EAJA payments, but those reports ended in 1995.  Two private studies, one by a Wyoming law firm and another by Virginia Tech University, have shown that despite congressional intent to assist small organizations, some large environmental obstructionist groups appear to be the biggest beneficiaries of EAJA payments.  The Wyoming study, for example, found that more than 1,200 federal cases were filed in 19 states and the District of Columbia by just 14 environmental groups.  The cost to the taxpayer was $37 million.

Rehberg’s legislation returns EAJA to its original intent reforming eligibility requirements to receive EAJA reimbursements, limiting repeated lawsuits, and reinstating tracking and reporting requirements to make EAJA more transparent.  Under the Government Litigation Savings Act, veterans, social security claimants, individuals and small businesses will still enjoy full access to EAJA funds.

“No one wants to restrict access to the courts,” said Rehberg.  “But let’s use some common sense and stop asking the taxpayer to fund the very lawsuits that are destroying their jobs and livelihoods.”

The legislation has been endorsed by over 85 agriculture, sportsmen, recreation and energy groups including the Montana Association of State Grazing Districts, Montana Public Lands Council, Montana Stockgrowers Association and Montana Wool Growers Association.  The full list is below:
• Boone and Crockett Club
• National Rifle Association
• Association of Fish and Wildlife Agencies
• National Federation of Independent Businesses
• Public Lands Council
• National Cattlemen’s Beef Association
• National Association of Conservation Districts
• Congressional Sportsman Foundation
• National Rural Electric Cooperative Association
• National Council of Farmer Cooperatives
• Safari Club International
• Western Energy Alliance
• National Mining Association
• United States Cattleman’s Association
• American Sheep Industry
• National Association of Forest Service Retirees
• Theodore Roosevelt Conservation Partnership
• Recreational Off-Highway Vehicle Association
• Motorcycle Industry Association
• Americans for Responsible Recreational Access
• Specialty Vehicle Institute of America
• American Agri-Women
• Mule Deer Foundation
• Rocky Mountain Elk Foundation
• Independent Petroleum Association of America
• Foundation for Environmental and Economic Progress
• Women in Farm Economics
• National Trappers Association
• Pheasants Forever/Quail Forever
• U.S. Sportsmen’s Alliance
• Wildlife Forever
• Wildlife Management Institute
• Archery Trade Association
• Campfire Club of America
• Catch-a-Dream Foundation
• Masters of Foxhounds Association of America
• Orion-the-Hunter’s Institute
• Quality Deer Management Association
• Ruffed Grouse Society
• Tread Lightly!
• Pope and Young Club
• Association of National Grasslands
• Specialty Equipment Market Association

Regional, State, and Local Associations
• Western Legacy Alliance
• Western Business Roundtable
• Intermountain Forestry Association
• Wyoming Stock Growers Association
• Black Hills Forest Resource Association
• Wyoming Wool Growers Association
• Colorado Timber Industry Association.
• Wyoming Farm Bureau Federation
• Idaho Farm Bureau Federation
• Wyoming Association of Conservation Districts
• South Dakota Cattlemen’s Association
• Wyoming Petroleum Association
• Independent Cattlemen’s Association of Texas
• Dallas Safari Club
• Houston Safari Club
• Delta Waterfowl Foundation
• Texas Wildlife Association
• Texas Cattle Feeders Association
• Oregonians for Food and Shelter
• New Mexico Cattle Growers’ Association
• New Mexico Wool Growers, Inc.
• Arizona Farm Bureau Federation
• Arizona Cattle Growers’ Association
• Arizona Public Lands Council
• California Cattlemen’s Association
• California Wool Growers Association
• Central Committee of Nevada State Grazing Boards
• Nevada Cattlemen’s Association
• Colorado Cattlemen’s Association
• Colorado Public Lands Council
• Colorado Wool Growers Association
• Florida Cattlemen’s Association
• Georgia Cattlemen’s Association
• Hawaii Cattlemen’s Association
• Idaho Cattle Association
• Idaho Wool Growers Association
• Iowa Cattlemen’s Association
• Kansas Livestock Association
• Minnesota State Cattlemen’s Association
• Montana Association of State Grazing Districts
• Montana Public Lands Council
• Montana Stockgrowers Association
• Montana Wool Growers Association
• North Dakota Stockmen’s Association
• Oklahoma Cattlemen’s Association
• Oregon Cattlemen’s Association
• Utah Cattlemen’s Association
• Utah Farm Bureau Federation
• Washington Cattlemen’s Association

From Idaho Statesman:

Idaho Sens. Crapo, Risch and Rep. Simpson co-sponsor bill to spotlight lawsuits against feds

Submitted by Dan Popkey on Fri, 05/27/2011 – 7:48am.

GOP Sens. Mike Crapo and Jim Risch and 2nd District GOP Rep. Mike Simpson are co-sponsors of companion bills they say will protect taxpayers by shining a light on those who sue the United States.

A news release from Crapo and Risch cited court documents providing examples of certain groups having sued the government over 1,200 times and receiving upwards of $35 million in taxpayer funds. In response, the act would require organizations that file numerous lawsuits to show a “direct and personal monetary interest” in the legal action, establish caps on attorney fees, and create an online database to track funds paid out of the Equal Access to Justice Act.

“These proposals represent common-sense efforts to level the playing field for Idahoans and all westerners who use federal public lands day in and day out,” said Crapo in a news release about the Government Litigation Savings Act and the Grazing Improvement Act of 2011. “Idaho’s ranchers and other public land users deserve a fair shake when it comes to managing our federal lands and addressing critical natural resource issues, whether it be through the permit process or in the courts.”

More…

From Idaho Congressman Mike Simpson…

Simpson Seeks Reform of Taxpayer Lawsuit Subsidies

Idaho Congressman cosponsors legislation reforming the Equal Access to Justice Act

Washington, May 25 –

Idaho Congressman Mike Simpson today acted to protect taxpayers by requiring new transparency in a federal program that pays people to sue the federal government. Simpson did so by signing on as an original cosponsor to the Government Litigation Savings Act, authored by Rep. Cynthia Lummis (R-WY), which reforms the federal Equal Access to Justice Act (EAJA) and shines a spotlight on abuses of the program, which are particularly prevalent with regards to land management agencies. Simpson is the Chairman of the House Appropriations Subcommittee on Interior and the Environment.

“For too long, the Equal Access to Justice Act, and its millions of dollars in yearly federal payouts, has operated without review by Congress and without regard for taxpayers, allowing litigation to become a cottage industry,” said Congressman Mike Simpson. “The Government Litigation Savings Act is a prudent, responsible step in the right direction toward a more accountable and less costly judicial access program for those with limited means. It is well past time for this program to see fundamental reforms, and I am pleased a bill like this is now before Congress.”

Among its many provisions, the Government Litigation Savings Act:

Requires that EAJA filers must show a “direct and personal monetary interest” in the action to be eligible for payments. Direct and personal interest includes personal injury, property damage, or unpaid agency disbursement.

Establishes a cap of $175 per hour for attorney’s fees, pegged to inflation.
Caps total EAJA reimbursements to $200,000 for any single action, and allows no more than three EAJA awards in a calendar year.

Establishes reporting requirements government-wide, including an explanation from the agency explaining why its position was not substantially justified, and establishes an online, searchable database for funds paid out of EAJA and to whom the funds were paid.
Requires that funds paid from EAJA in sealed settlement agreements must be included in the online report.

In addition, the legislation requires the Government Accountability Office to conduct an audit of EAJA payments over the last 15 years.

“The EAJA program was originally intended to help people with limited resources seek redress against the wrongs of the federal government, and nobody disagrees with that intent,” said Simpson. “Unfortunately, it has turned into a program that uses taxpayer dollars to subsidize the litigious addictions of special interest groups. American taxpayers, businesses, farmers, and ranchers, as well as our nation’s court system, are ill-served by EAJA in its current form and that is why this legislation is so important.”

From Billings Gazette in Montana..

Bill would limit attorney fees in suits

Posted: Monday, May 30, 2011 12:30 pm

CHEYENNE, Wyo. — A bill introduced by members of Wyoming’s congressional delegation would limit the amount of attorneys’ fees recovered in lawsuits against the government.

Rep. Cynthia Lummis and Sen. John Barrasso, both R-Wyo., introduced the Government Litigation Savings Act in their respective chambers last week, according to the Wyoming Tribune Eagle on Monday. If approved, it would cap attorneys’ fees and block groups whose net worth exceeds $7 million from filing for payment under the 1980 Equal Access to Justice Act.

“When the government stopped tracking (Equal Access to Justice Act) payments in 1995, it was a dream come true for radical environmental groups,” Lummis said in a statement. “Lack of oversight has fueled the fire for these groups to grind the work of land management and other federal agencies to a halt — and it does so on the taxpayers’ dime.”

Barrasso’s office said a study by the Cheyenne-based Budd-Falen Law Offices found 12 environmental groups that filed more than 3,300 lawsuits in the past decade.

More…

COMMENT: There is a major war going on in the West over abuse of the Equal Access to Justice Act by Tucson’s own Center for Biological Diversity.

And one has to wonder why none of this is being reported in the Arizona Daily Star….

More
Extreme environmental groups hurt environmental cause

Center for Biological Diversity seeks to destroy Fort Huachuca to save the San Pedro River

Wilderness Areas on the border? What a great idea if you are a cartel drug smuggler

Desert Pupfish Forces Border Agents to Patrol on Foot

Republicans Introduce Bill to Secure Border on Federal Lands, Protect Environment

Border Patrol Banned From Top Smuggler Routes

White House reveals plan to streamline Endangered Species Act

The Endangered Species Act series of articles:

Endangered Species Act…it ain’t what you think it is — Part 1

Endangered Species Act — Part 2– this land is not your land

Endangered Species Act – Part 3 – Never swat a fly

Background info on Endangered Species Act:

Endangered Species Act — an Introduction

Endangered Species Act — Which Animals and Plants are “Threatened” or “Endangered”?

Endangered Species Act — Section 7 Consultation

Endangered Species Act — USF&W Introduction and Key Sections

Endangered Species Act — Definition of ”Harm” and “Take”

Endangered Species Act–Listing and Critical Habitat

Endangered Species Act–Habitat Conservation Plans

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News about litigious environment group activities:

Dispatches from the litigious environmental group war on America

Center for Biological Diversity demands Rosemont Mine site be included in protected habitat for frog

Judge puts WildEarth Guardian endangered species agreement on hold

Center for Biological Diversity fights imperiled species deal

Stop The Drilling! A Lizard Is Imperiled

Desert Pupfish Forces Border Agents to Patrol on Foot

New high recorded in frivolous environmental litigation

EPA Doles-Out Taxpayer Dollars to Environmentalist Activist Groups

Legislation to stop huge legal fee payments to environmental litigation factories poised to be introduced

Environmental groups bury feds with Endangered Species petitions

This entry was posted on Thursday, June 2nd, 2011 at 10:32 am and is filed under Center for Biological Diversity, endangered species act, environment water and energy, litigious environmental groups, politics, Western Watershed Project, WildEarth Guardians. Tags for this post: center for biological diversity, eaja, eaja abuse, endangered species act, equal access to justice act, litigous environmental groups, litrigious environmental groups, western watersheds project, wildearth guardians. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.