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:
American Farm Bureau Federation
American Sheep Industry
Archery Trade Association
Association of Fish and Wildlife Agencies
Bighorn Mountain Coalition
Boone and Crockett Club
Bowhunting Preservation Alliance
Campfire Club of America
Catch-a-Dream Foundation
Coalition of Arizona/New Mexico Counties
Congressional Sportsmen's Foundation
Dairy Producers of New Mexico
Dallas Safari Club
Delta Waterfowl Foundation
Family Farm Alliance
Hawaii Cattlemen's Association
Houston Safari Club
Idaho Farm Bureau
Idaho State ATV Association
Intermountain Forest Association
Masters of Foxhounds Association of America
Montana Logging Association
Montana Wood Products Association
Mule Deer Foundation
National Association of Conservation Districts
National Association of Forest Service Retirees
National Cattlemen's Beef Association
National Farmers Union
National Rifle Association
National Shooting Sports Foundation
National Trappers Association
National Union of Land and Water Rights
New Mexico Cattlegrowers Association
New Mexico Federal Lands Council
New Mexico Wool Growers Inc.
North American Bear Foundation
North American Grouse Partnership
Oregon Cattlemen's Association
Orion-the-Hunters' Institute
Pheasants Forever/Quail Forever
Pope and Young Club
Public Lands Council
Quality Deer Management Association
Rocky Mountain Elk Foundation
Ruffed Grouse Society
Safari Club International
Sixtieth Legislature of the State of Wyoming
South Dakota Department of Agriculture
Stewards of the Sequoia
Sustainable Forest Action Coalition
Texas Wildlife Association
The Society of American Foresters
Theodore Roosevelt Conservation Partnership
Tread Lightly!
U.S. Sportsmen's Alliance
United States Cattlemen Association
Utah Cattlemen's Association
Western Business Roundtable
Western Institute for the Study of the Environment
Western Legacy Alliance
Wild Sheep Foundation
Wildlife Forever
Wildlife Management Institute
Women in Timber
Wyoming Association of Conservation Districts
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.
