The End for Taxpayer Funded Environmental Litigation

[The Lyin King]

Government Litigation Savings Act Introduced

Wyoming Senator Barrasso and Wyoming Representative Lummis have introduced the Government Litigation and Savings Act.

This bill will put a halt to the abuses of the Equal Access to Justice Act (EAJA), legislation originally designed to help individuals, small businesses and no-profit organizations recover attorney's fees and costs associated with suing the federal government.

Sadly, environmental groups used the EAJA to create a gravy train of taxpayer funded litigation that advances their own radical environmental agenda. Indeed, court documents reveal that these environmental groups repeatedly sue the federal government not on substantive grounds, but on canned procedural motions. A small sample of environmental groups have sued the government over 1200 times and received upwards of $35 million dollars of taxpayer money.

Government Litigation Savings Act
http://www.sharetrails.org/uploads/Government_Litigation_Savings_Act.pdf

GLSA Section by Section
http://www.sharetrails.org/uploads/GLSA_Section_by_Section.pdf

GLSA Endorsements
http://www.sharetrails.org/uploads/GLSA_Endorsements.pdf

 

[The Lyin King]

H.R. 1996

To amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposes.

H.R. 1996: To amend titles 5 and 28, United States Code, with respect to the award of fees and other... (GovTrack.us)



COSPONSORS(19), BY DATE
Rep Bishop, Rob [UT-1] - 5/25/2011
Rep Thompson, Glenn [PA-5] - 5/25/2011
Rep Simpson, Michael K. [ID-2] - 5/25/2011
Rep Chaffetz, Jason [UT-3] - 5/25/2011
Rep Young, Don [AK] - 5/25/2011
Rep Tipton, Scott [CO-3] - 5/25/2011
Rep Denham, Jeff [CA-19] - 5/25/2011
Rep Conaway, K. Michael [TX-11] - 5/25/2011
Rep Rehberg, Denny [MT] - 5/25/2011
Rep Coffman, Mike [CO-6] - 5/25/2011
Rep Franks, Trent [AZ-2] - 5/25/2011
Rep Nunes, Devin [CA-21] - 5/25/2011
Rep Noem, Kristi L. [SD] - 5/25/2011
Rep Lamborn, Doug [CO-5] - 5/25/2011
Rep Duncan, John J., Jr. [TN-2] - 5/25/2011
Rep Pearce, Stevan [NM-2] - 5/25/2011
Rep Herger, Wally [CA-2] - 5/25/2011
Rep Flake, Jeff [AZ-6] - 5/25/2011
Rep Walden, Greg [OR-2] - 5/26/2011


If your Rep does not appear in this list of cosponsors find them here: Congress.org - Elected Officials

Then please urge them to cosponsor and support this bill via phone, letter or email.



If they are on the list, please consider thanking them!

 

[bigdjvp]

This is the one we have been waiting for. Email or call your representative and let them know where you stand. These crony environmental groups are using your money to take away public land. LET'S END IT KNOW!!!

 

[The Lyin King]

End the "Litigation Gravy"!

 

[rupert14]

I hate this kind of crap!! I paid over 300K in taxes last year and they are using my own money to take my land away. Email sent. Thanks for the information guys.

 

[The Lyin King]

H.R.1996 and now S.1061 - Senate Letter Generator

There is now a version of this Legislation in the Senate too!

This one just goes to your Senator(s) despite what it says but the text could be used to send a letter or email to your Rep in the House as well.


Contact Your Member in Support of the Legislation Today!

U.S. Representative Cynthia Lummis (R-WY), Vice Chairman of the Congressional Western Caucus, and Senator John Barrasso (R-WY), Chairman of the Senate Western Caucus jointly introduced the Government Litigation Savings Act (H.R.1996 and S. 1061), legislation that prevents abuse of the Equal Access to Justice Act (EAJA) by large environmental groups and others who frequently challenge the federal government in court. As you are no doubt aware, some organizations often sue to limit or eliminate even the most responsible access to public lands, and recoup litigation costs through EAJA.

EAJA was passed as a permanent appropriation in 1980 in order to help individuals, small businesses and non-profit organizations with limited access to financial resources defend themselves against harmful government actions. EAJA allows for the reimbursement of attorney’s fees and costs associated with suing the federal government. When operating correctly, EAJA allows plaintiffs who sue the federal government to recover part of their attorney’s fees and costs if they “prevail†in the case. Unfortunately, lack of oversight has led to the program being abused and resulting in taxpayer funded lawsuits to restrict access to public lands.

H.R.1996 and S. 1061 would return EAJA to its original intent by instituting targeted reforms on who is eligible to receive EAJA reimbursements, limiting repeated lawsuits, and reinstating tracking and reporting requirements to make EAJA more transparent. Under the Government Litigation Savings Act individual enthusiasts would still be able to access the funds for suits provided they experienced “personal injury†which would include loss of access etc., but large tax exempt organizations with a net worth of $7 million or more, and individuals with a net worth of $2 million or more will no longer be able to access these funds.

Please click the Take Action link below to send an email encouraging your Representative and your Senators to sign on as a cosponsor this important legislation.

TAKE ACTION! - https://secure3.convio.net/arra/site/Advocacy?cmd=display&page=UserAction&id=301

 

[The Lyin King]

Honorable Congressman Lungren:

I am writing you again today to urge you to cosponsor H.R. 1996, the “Government Litigation Savings Actâ€.

H.R. 1996 “seeks to amend titles 5 and 28, United States Code, with respect to the award of fees and other expenses in cases brought against agencies of the United States, to require the Administrative Conference of the United States to compile, and make publically available, certain data relating to the Equal Access to Justice Act, and for other purposesâ€.

H.R.1996 and its companion Bill in the Senate S. 1061 would return EAJA to its original intent by instituting targeted reforms on who is eligible to receive EAJA reimbursements, limiting repeated lawsuits, and reinstating tracking and reporting requirements to make EAJA more transparent. Under the Government Litigation Savings Act individuals would still be able to access the funds for suits provided they experienced “personal injury†but large tax exempt organizations with a net worth of $7 million or more, and individuals with a net worth of $2 million or more would no longer be able to access these funds.

As you may not be aware, this Bill (H.R. 1996) currently in Committee (House Committee on the Judiciary) has not “been reported by, or discharged from, the last committee authorized to consider it†and therefore you can still become a cosponsor.

Yes, I know that you “do not serve on this Subcommittee“, but as you know that does not prevent you from becoming a cosponsor of this Bill.

If you truly mean what you say in the informational “E-Newsletters†your office always sends to me about unemployment, taxes, the Nation and State’s fiscal crisis, out of control Government spending and other important issues then here is a chance to prove it to me and many other constituents of yours.

As I am sure you are aware, this Bill, if passed, would reduce public exposure to the costs of frivolous litigation, especially that of certain radical special interest groups. This would save American taxpayers millions of dollars per year. Personally, I am tired of having my tax dollars fill the war chests of these litigious groups thus enabling further litigation efforts.

While looking at the list of the current cosponsors in the House, it seems that many of your Republican peers in California and elsewhere support this legislation and demonstrate that support via their co sponsorship.

So I ask you, why do I not yet find your name in the list below?

COSPONSORS
Rep Bishop, Rob [UT-1] - 5/25/2011
Rep Thompson, Glenn [PA-5] - 5/25/2011
Rep Simpson, Michael K. [ID-2] - 5/25/2011
Rep Chaffetz, Jason [UT-3] - 5/25/2011
Rep Young, Don [AK] - 5/25/2011
Rep Tipton, Scott [CO-3] - 5/25/2011
Rep Denham, Jeff [CA-19] - 5/25/2011
Rep Conaway, K. Michael [TX-11] - 5/25/2011
Rep Rehberg, Denny [MT] - 5/25/2011
Rep Coffman, Mike [CO-6] - 5/25/2011
Rep Franks, Trent [AZ-2] - 5/25/2011
Rep Nunes, Devin [CA-21] - 5/25/2011
Rep Noem, Kristi L. [SD] - 5/25/2011
Rep Lamborn, Doug [CO-5] - 5/25/2011
Rep Duncan, John J., Jr. [TN-2] - 5/25/2011
Rep Pearce, Stevan [NM-2] - 5/25/2011
Rep Herger, Wally [CA-2] - 5/25/2011
Rep Flake, Jeff [AZ-6] - 5/25/2011
Rep Walden, Greg [OR-2] - 5/26/2011
Rep Ribble, Reid J. [WI-8] - 5/27/2011
Rep Stutzman, Marlin A. [IN-3] - 5/27/2011
Rep Marchant, Kenny [TX-24] - 5/27/2011
Rep Peterson, Collin C. [MN-7] - 5/27/2011
Rep Costa, Jim [CA-20] - 5/27/2011
Rep Cardoza, Dennis A. [CA-18] - 5/27/2011

 

[The Lyin King]

Legislation introduced to prevent abuse of the Equal Access to Justice Act

Contact your Representative and Senators today!


On May 25, U.S. Representative Cynthia Lummis (R-WY), Vice Chairman of the Congressional Western Caucus, and U.S. Senator John Barrasso (R-WY), Chairman of the Senate Western Caucus, jointly introduced H.R. 1996/S. 1061, the "Government Litigation Savings Act." This legislation prevents abuse of the Equal Access to Justice Act (EAJA) by large environmental groups and others who frequently challenge the federal government in court. These bills will return EAJA to its original intent by instituting targeted reforms on who is eligible to receive EAJA reimbursements, limit repeated lawsuits, and reinstate tracking and reporting requirements to make EAJA more transparent.

The lack of transparency and oversight has led to the EAJA program being abused by environmental groups using taxpayer funds to file lawsuits. These lawsuits ultimately lead to restricting responsible motorized access to public lands.

"When the government stopped tracking EAJA payments in 1995, it was a dream come true for radical environmental groups. Lack of oversight has fueled the fire for these groups to grind the work of land management and other federal agencies to a halt -- and it does so on the taxpayer's dime. Americans have unwittingly funded these obstructionist political agendas for far too long at the expense of individuals, small businesses, energy producers, farmers and ranchers who must pay out of their own pocket to defend the federal government against relentless litigation," Lummis said. "This common sense legislation would help restore integrity to EAJA and return the program to the original intent of Congress."

"For far too long, special interest groups have funded their anti-multiple use agenda with Americans' hard earned taxpayer dollars," said Barrasso. "It's absolutely absurd that Washington pays outside groups to repeatedly sue our government. It's time to halt the endless cycle of reckless lawsuits and fix this broken system. Our bill will protect taxpayer dollars and restore accountability and transparency."

According to a press release issued by Rep. Lummis, "EAJA was passed as a permanent appropriation in 1980 in order to help individuals, small businesses and non-profit organizations with limited access to financial resources defend themselves against harmful government actions. EAJA allows for the reimbursement of attorney's fees and costs associated with suing the federal government. When operating correctly, EAJA allows plaintiffs who sue the federal government to recover part of their attorney's fees and costs if they "prevail" in the case."

This legislation is long overdue and the American Motorcyclist Association (AMA) and the All-Terrain Vehicle Association (ATVA) thank Rep. Lummis and Sen. Barrasso for introducing it. For years, anti-access groups have used EAJA and other tactics to inappropriately keep responsible riders off public land that is well suited for responsible motorized recreation.

The AMA and ATVA need you to contact your Representative and Senators now to urge them to become a cosponsor to H.R. 1996/S. 1061, the "Government Litigation Savings Act." Just follow the "Take Action" option to send a pre-written e-mail directly to your federal lawmakers.

Take Action!!! American Motorcyclist Association

Please give this thread a "Bump" for other forum members when you've taken action!