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Forestry Conference Discusses Litigation Reform
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A quick update from yesterday's forestry conference in Rhinelander, WI. Representative Chip Cravaack from Minnesota's 8th District indicated during yesterday he was considering sponsoring a "Loser Pays" bill in the House in order to reduce the amount of lawsuits that tie up the courts and agencies. The pro-management audience certainly welcomed the idea.
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John Persell
06:05 PM on January 24, 2012
A "loser pays" bill raises significant concern about preventing access to the courts by those without deep pockets. I've worked for two non-profit conservation groups, neither of which has an enormous budget. Despite the Equal Access to Justice Act, litigation is still a costly endeavor and not a preferred tool to resolve issues for many smaller groups. That said, Congress clearly recognized the right to pursue claims of violations of the Clean Water Act and the Endangered Species Act by including citizen suit provisions in those statutes. Would Rep. Cravaack's bill amend such provisions? Or would it only apply to claims arising under NFMA and NEPA, which don't have specific citizen suit provisions? Did he ever actually propose such a bill? I had heard Rep. Lummis of Wyoming had proposed amending EAJA, as well.
No he did not introduce a bill. It was more or less an idea he said he'd welcome. Loser pays certainly has its drawbacks. The EAJA amendment that attempts to cap fees in the $100's of thousands of dollars certainly has some merit and would certainly curb the abuses we see.
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