Citizen-suit provision in climate bill

by Walter Olson on April 14, 2009

The Washington Times reported on Friday on what it says is a little-noticed provision in draft cap-and-trade legislation (PDF) authored by Reps. Henry Waxman (D-Calif.) and Edward Markey (D-Mass.): new authorization for “citizen suits” to challenge government inaction on climate change. The bill would confer such standing, according to the article, on anyone “who has suffered, or reasonably expects to suffer, a harm attributable, in whole or in part,” to such inaction. However — in an apparent concession made some time ago to Republican lawmakers — the article also says that total payouts by the government would be limited to the comparatively minor amount of $1.5 million per year. Attorneys’ fees payable to prevailing plaintiffs, however, will presumably be subject to no such limit. More: Carter Wood also discovers new litigation powers for state AGs tucked into the bill; Marlo Lewis, CEI “Open Market”; Deputy Headmistress.

{ 2 comments }

1 Todd Rogers 04.14.09 at 2:24 pm

I’m breaking a sweat so could I send an invoice to the treasury for $1.5M?

2 BG 04.25.09 at 4:12 pm

People might be interested in this blog
http://anhonestclimatedebate.wordpress.com/
The post titled “10 Questions for Al Gore” has some good ones.

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