May 17, 2012

Pass Along PDJ

MISSOULA, Mont. (May 25, 2011) - Legislation to be introduced today in Congress could axe what has amounted to federal subsidies for environmental extremist and animal rights groups making big business out of suing the U.S. government.

The legislation, a House Resolution and companion version in the Senate titled Government Litigation Savings Act, would amend the existing Equal Access to Justice Act (EAJA). Though well intended, abuses of EAJA have escalated into a serious conservation issue with long-term consequences. Costs of defending unnecessary lawsuits against federal agencies such as the U.S. Fish and Wildlife Service are an increasing drain on conservation funding and agency personnel today.

The Government Litigation Savings Act was prompted by a coalition (member list below) of wildlife, agriculture, energy, mining and other resource-based groups led by Boone and Crockett Club.

Club President Ben Wallace said, "We take very seriously the fact that taxpayer money and sportsmen-generated funding intended to support conservation are being wasted. We thank Senator John Barrasso (R-WY) and Representative Cynthia Lummis (R-WY) for introducing a bill that offers hope for reforming EAJA back to its original purpose - and relief for the most successful wildlife conservation system in the world."

Lawmakers will hold a press conference today at noon (ET) to announce the legislation.

The coalition formed following a Boone and Crockett Club investigation of federal statutes that enable ongoing litigation at a high cost to wildlife and the American taxpayer. Club President Emeritus Lowell E. Baier, a Maryland-based attorney, led the effort over the past year. His preliminary findings are reported in two articles available free at www.boone-crockett.org. Baier also employed two full-time attorneys to research EAJA's initial Congressional intent, its judicial interpretation and application, abuses, loopholes and possible remedies by Congress.

EAJA was written to reimburse legal costs incurred by private citizens and small business that successfully sue federal agencies for non-compliance with federal law and regulation. Recipients were to include private citizens whose net worth was less than $2 million, and for-profit organizations with net worth of less than $7 million. Non-profit 501(c)(3) organizations were totally exempt from these limits. However, America's two largest animal rights groups, with 2009 combined net assets exceeding $209.6 million and cash balances exceeding $44.5 million, now enjoy significant subsidies through EAJA by taking advantage of their exemption loophole.

For example: In 2008, an animal rights group won a legal ruling regarding wolves and petitioned a federal court in Missoula, Mont., for $388,370 in attorney fees. The judge awarded $263,099, which was based on an hourly rate of $300 - even though the EAJA limit is $125 per hour.

In 2007, the same plaintiff was awarded $280,000 following a similar case in the Great Lakes area.

The defendant in both cases was the U. S. Fish and Wildlife Service, whose budget - regardless of whether it's spent on wildlife or lawyers - is financed by a combination of sportsmen fees and tax dollars.

Taxpayers bear all EAJA reimbursements to plaintiffs.

Indirect costs are considerable, too. Nearly all resource management proposals are now subject to ever-higher hidden fees as federal agencies spend more and more time and resources on elaborate environmental impact statements and other attempts to "suit proof" their decision-making processes. In some cases, where the intent of the lawsuit is to stop a proposed federal action, the delays and costs to a federal agency can derail time sensitive projects even if the eventual court ruling goes against the plaintiffs.

Coalition members (to date) endorsing the Government Litigation Savings Act:

1. American Farm Bureau Federation
2. American Sheep Industry
3. Archery Trade Association
4. Association of Fish and Wildlife Agencies
5. Bighorn Mountain Coalition
6. Boone and Crockett Club
7. Bowhunting Preservation Alliance
8. Campfire Club of America
9. Catch-a-Dream Foundation
10. Coalition of Arizona/New Mexico Counties
11. Congressional Sportsmen's Foundation
12. Dairy Producers of New Mexico
13. Dallas Safari Club Delta Waterfowl Foundation
14. Family Farm Alliance
15. Hawaii Cattlemen's Association
16. Houston Safari Club
17. Idaho Farm Bureau
18. Idaho State ATV Association
19. Intermountain Forest Association
20. Masters of Foxhounds Association of America
21. Montana Logging Association
22. Montana Wood Products Association
23. Mule Deer Foundation
24. National Association of Conservation Districts
25. National Association of Forest Service Retirees
26. National Cattlemen's Beef Association
27. National Farmers Union
28. National Rifle Association
29. National Shooting Sports Foundation
30. National Trappers Association
31. National Union of Land and Water Rights
32. New Mexico Cattlegrowers Association
33. New Mexico Federal Lands Council
34. New Mexico Wool Growers Inc.
35. North American Bear Foundation
36. North American Grouse Partnership
37. Oregon Cattlemen's Association
38. Orion-the-Hunters' Institute
39. Pheasants Forever/Quail Forever
40. Pope and Young Club
41. Public Lands Council
42. Quality Deer Management Association
43. Rocky Mountain Elk Foundation
44. Ruffed Grouse Society
45. Safari Club International
46. Sixtieth Legislature of the State of Wyoming
47. South Dakota Department of Agriculture
48. Stewards of the Sequoia
49. Sustainable Forest Action Coalition
50. Texas Wildlife Association
51. The Society of American Foresters
52. Theodore Roosevelt Conservation Partnership
53. Tread Lightly!
54. U.S. Sportsmen's Alliance
    
55. United States Cattlemen Association
56. Utah Cattlemen's Association
57. Western Business Roundtable
58. Western Institute for the Study of the Environment
59. Western Legacy Alliance
60. Wild Sheep Foundation
61. Wildlife Forever
62. Wildlife Management Institute
63. Women in Timber
64. Wyoming Association of Conservation Districts
65. Wyoming Farm Bureau
    

About the Boone and Crockett Club: Founded by Theodore Roosevelt in 1887, the Boone and Crockett Club promotes guardianship and visionary management of big game and associated wildlife in North America. The Club maintains the highest standards of fair-chase sportsmanship and habitat stewardship. Member accomplishments include enlarging and protecting Yellowstone and establishing Glacier and Denali national parks, founding the U.S. Forest Service, National Park Service and National Wildlife Refuge System, fostering the Pittman-Robertson and Lacey Acts, creating the Federal Duck Stamp program, and developing the cornerstones of modern game laws. The Boone and Crockett Club is headquartered in Missoula, Mont. For details, visit www.boone-crockett.org.

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