National Forest Legal News Blog

Who says that environmentalists are only in it for the greater good.  In Citizens for Better Forestry v. USDA, No. 08-01927 CW (N.D. Cal. August 13, 2010), which dealt with the 2008 Planning Rule, district judge Claudia Wilkins awarded the groups' attorneys $421,358.94.  She rejected the Forest Service's argument that its position that the regulation would have no environmental effects until it was actually applied was substantially justified.  This award clearly shows why environmental litigation will continue on for years to come.  There is a perverse incentive to litigate even the smallest cases when the rewards can be so significant.  The environmental groups' attorneys are allowed to bill out hourly rates and time as though they had been working on a multi-billion dollar commercial acquisition or a multi-district class action. I think its safe to say that the fee-shifting system needs to be reformed.