American Motorcyclist December 2017
Measure Would Halt Sue-And-Settle Tactic
‘Blizzard’ Of Lawsuits Delay Federal Action
A tactic called sue-and-settle, used by environmental groups to delay changes and postpone projects on federal lands, is the target of H.R. 2936, the Resilient Federal Forests Act of 2017, introduced in Congress by U.S. Rep. Bruce Westerman (R-Ark.).
The groups file lawsuits under the federal Endangered Species Act, stall the court proceedings, then, eventually, agree to a settlement.
A report in the Coeur d’Alene (Idaho) Press states that such lawsuits have cost taxpayers $30 million since 2009, with the U.S. Interior Department shelling out $14 million in ESA-related attorney fees.
Since 1990, just two groups—WildEarth Guardians and the Center for Biological Diversity—have filed in excess of 1,500 lawsuits, or roughly one per week over nearly three decades, the newspaper reported.
Westerman’s bill adapts recommendations from the Western Governors Association to provide an avenue to address genuine environmental concerns while eliminating the incentive for prolonged court proceedings. The bill calls for arbitration in place of lawsuits. And it eliminates payment for plaintiffs’ lawyers.