FOR IMMEDIATE RELEASE

Western Republicans Push Bill Targeting Enviro Groups Lawsuits

Patrick Reis, E&E reporter

Two House Republicans yesterday introduced legislation that would require the Justice Department to publicly disclose reimbursements it pays out to environmental groups and others that sue the federal government under the Equal Access to Justice Act.

The 1980 equal access law pays legal expenses for certain small entities that sue the federal government, but Reps. Rob Bishop (R-Utah) and Cynthia Lummis (R-Wyo.) say that environmental groups have abused the statute to create self-perpetuating cycles of litigation over projects on public lands.

"It's time to shine some light on the highjacking of the equal justice law by some groups and the environmental litigation industry that supports their 'stop everything' agenda," Lummis said. "The Open EAJA Act will help restore taxpayer trust in the system by bringing the Equal Access to Justice Act out of the shadows and into the bright light of transparency."

The bill (H.R. 4717) would require the Justice Department to compile an annual report of payments made to plaintiffs during the preceding year.

It would also require a report on awards in all years since 1995, when DOJ stopped making the information available, according to the representatives. Justice Department representatives were not immediately available for comment.

Fourteen environmental groups have collected more than $37 million in taxpayer dollars under EAJA and other laws for filing more than 1,500 federal cases over the past 15 years, the representatives said.

The representatives' rhetoric is "patently false and patently ridiculous," and their argument for the bill is based on "half-truths and distortions," said Bill Snape, senior counsel for the Center for Biological Diversity, one of the 14 groups named.

By requiring publication of financial information regarding suing citizens groups but allowing the role of industry lawyers and others to remain private, the bill would paint a one-sided picture, open the door to plaintiff intimidation and compromise citizen groups' ability to hold the federal government accountable, Snape said.

"This is rabid right-wingers predictably complaining yet again about citizens actually enforcing environmental law, which they apparently wouldn't like to see," Snape said. "If the laws were enforced, there would be no need for the suits."

Snape said he believes that increasing transparency of Equal Access to Justice Act payments is desirable but should be done in a comprehensive manner. He also said that DOJ could find ways to increase transparency without new legislation.

The 14 environmental groups named by the representatives are: the Sierra Club, Center for Biological Diversity, Colorado Environmental Coalition, Forest Guardians, National Wildlife Federation, National Resources Defense Council, Western Watersheds Project, Defenders of Wildlife, Alliance for the Wild Rockies, WildEarth, Oregon Natural Desert Association, Oregon Wild, Southern Utah Wilderness Alliance and Wyoming Outdoor Council.

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