Overlawyered » environment

When federal defendants settle lawsuits

Walter Olson — Tue, 14 Feb 2012 16:11:47 +0000

Jenna Greene reports in the National Law Journal (reg) on the Judgment Fund, an obscure entity within the federal government that last year paid to settle more than 5,000 lawsuits against federal agencies. For the most part, its payouts are not subtracted from agency budgets, and overall dollar figures tend to be dominated by a few special situations such as (most recently) lawsuits by utilities over alleged Energy Department breach of contract for nuclear fuel storage, and by Indian tribes against the Department of the Interior and Department of Agriculture over financial mismanagement and alleged discrimination. A smaller, but controversial, category of payouts that has attracted Congressional attention consists of settlements with “cause” organizations such as environmentalists that sue to force policy change.

“The strange thing is the lack of transparency,” said Walter Olson, a senior fellow at the Cato Institute’s Center for Constitutional Studies. “Settlements deserve scrutiny.…There’s no reason why as a public process there shouldn’t be fine-grained disclosure.”

In April, Rep. Darrell Issa (R-Calif.) introduced the Judgment Fund Transparency Act of 2011, which would require Treasury (unless barred by a court order or law) to make public the names of plaintiffs and counsel, plus a brief description of the facts that gave rise to the payments and a breakdown of principal and attorney fees.

However, Greene reports, the Issa measure has attracted no co-sponsors and is stuck in House Judiciary with no apparent plans for action.

Tags: attorneys' fees, environment

January 28 roundup

Walter Olson — Sat, 28 Jan 2012 14:07:17 +0000

Voters unseat prosecutor in office during Luzerne County cash-for-kids scandal [Wendy N. Davis, ABA Journal]
Obama plan for mass refinance overriding terms of mortgages “could permanently drive housing finance costs higher” [James Pethokoukis]
In Sackett v. EPA case, SCOTUS will decide which EPA enforcement actions if any should escape judicial review [Ilya Shapiro/Cato, Adler, Root] Keystone XL episode gives reason to revisit NEPA [Conn Carroll] Ninth Circuit ruling on forest road runoff will test Obama position [David Freddoso]
Debate at Point of Law on President’s recess appointment power between Jason Mazzone and Andrew M. Grossman;
Lobbyists help get traffic-cams back on Connecticut legislative agenda [Chris Fountain]
Read it here first: “Courts push back on bribery prosecutions” [Reuters]
“In my little corner of the Blawgosphere, few things drive traffic like an Overlawyered link. Thank you, @walterolson.” [George Wallace]

Tags: accolades, Connecticut, environment, Environmental Protection Agency, Foreign Corrupt Practices Act, Luzerne County judicial scandal, mortgages, red light cameras, Supreme Court

Perfume restrictions in the news

Walter Olson — Wed, 25 Jan 2012 12:27:42 +0000

Under a bill introduced by a New Hampshire legislator, “state employees who interact with the public would not be allowed to wear perfume. Rep. Michele Peckham, R-North Hampton, is the prime sponsor of the perfume bill, which she said she put forward after a constituent asked her to do so. She said there are people allergic to fragrances. ‘It may seem silly, but it’s a health issue,’ Peckham said. ‘Many people have violent reactions to strong scents.’” [Union-Leader via Radley Balko, who calls it reductio creep] Similar proposals have surfaced in places like Portland, Ore., and “perfume sensitivity” lawsuits have been reported from Detroit and New Jersey (& welcome WSJ Law Blog readers; day’s “Five Must-Read Stories”).

Tags: environment, New Hampshire

January 18 roundup

Walter Olson — Wed, 18 Jan 2012 05:11:45 +0000

A federal fishing raid, the Pew Charitable Trusts and a biased Business Week account [Nils Stolpe on Gloucester, Mass. fisheries, via Stoll]
Intimidating the judiciary? “Group Opposing Citizens United Pushes ‘Occupy the Courts’ Protest” Jan. 20 [Debra Cassens Weiss, ABA Journal] Mob rallies at Michigan governor’s private home [Meegan Holland, MLive] “Occupy” forces Gingrich to cancel event [Daily Caller] Earlier here, here, here, etc.
“Paper Airplane? Late for School? Shouting Too Loud? You’re Under Arrest!” [Free-Range Kids, Texas]
Spielberg in “Raiders of the Lost Ark” paid homage to earlier movie sequences without sweating permissions. Oh, for those days [Joho] “Cultural gems that should be in the public domain today” [Atlantic Wire, Tabarrok]
UPS settlement exaggerates benefits to class members [Ted Frank; related, CCAF] “Federal Judges Have Harsh Words, Rulings for Class Action Plaintiffs’ Lawyers” [Lammi/WLF]
“Justice Breyer Calls Recusal Controversy a ‘Non-Issue’” [ABA Journal]
“Add Plaintiff-Lawyer Fees To The Cost Of Most Mergers” [Daniel Fisher, Forbes on Cornerstone Research report]

Tags: class action settlements, environment, Massachusetts, movies film and videos, police, recusals, schools, securities litigation, Texas

Criminalization of wild egg collecting

Walter Olson — Sat, 31 Dec 2011 12:41:07 +0000

In the U.K., such a law — distant cousin to our own draconian enactments on eagle feathers and exotic woods — has (presumably inadvertently) wound up ensnaring museums. [Guardian]

Tags: environment, United Kingdom

Environmental law roundup

Walter Olson — Fri, 16 Dec 2011 05:03:02 +0000

Peter Schweizer: “To RFK, Jr: I’m No Sock Puppet, But You Sir Are a Bootlegger” [Huffington Post; some background on America's Most Irresponsible Public Figure®]
Will legal campaign succeed in shutting down natural gas fracking? [WLF, David Oliver, CL&P, Abby Wisse Schachter/NYP]
Nice work if you can get it: key figure in dubious Chevron-Ecuador expert report slated for National Academy of Sciences reappointment [WizBang, earlier]
EPA’s move-cement-production-to-China plan runs into uncooperative judge [Josiah Neeley, Daily Caller]
Spare that tree? Environmentalists battle Montana underbrush clearance aimed at preventing catastrophic fires [William Perry Pendley, MSLF] More on trees and power outages in Connecticut [WSJ, related earlier]
New book on Endangered Species Act reform [James Burling, Federalist Society]
Rural property owners foot the bill for California green policies [Steven Greenhut]
“What are you in for?” “Backed-up toilets” [Shannen Coffin, NRO]

Tags: California, Chevron, Connecticut, endangered species, environment, Environmental Protection Agency, Montana, oil industry, Robert F. Kennedy Jr., trees

Kim Strassel: “Stringing Up Gibson Guitar”

Walter Olson — Sat, 26 Nov 2011 21:04:05 +0000

Kim Strassel has a must-read piece at the Wall Street Journal exposing the politics of the Lacey Act’s extension to importation of plant products, by no means fueled just by inflexible environmentalist sentiment: crucially, wood-products industry and union forces recognized that the law could serve as a way to eliminate competition from imports.

Trees are ubiquitous, are transformed into thousands of byproducts, and pass through dozens of countries. Whereas even a small U.S. importer would know not to import a tiger skin, tracking a sliver of wood (now transformed into a toy, or an umbrella) through this maze of countries and manufacturing laws back to the tree it came from, would be impossible.

Furniture maker Ikea noted that even if it could comply with the change, the “administrative costs and record-keeping requirements” would cause furniture prices to “skyrocket.” The wood chips that go into its particleboard alone could require tracking back and reporting on more than 100 different tree species.

Which is exactly what the Lacey expanders wanted.

The WSJ also recently interviewed Gibson Guitar CEO Henry Juszkiewicz [related, Reuters; earlier] while Pat Nolan points out how the feds’ raid on the facility points up many evils of unbridled prosecution power [NRO] Musicians and others held a “We stand with Gibson” rally and concert [Mark Perry, rally pics] As for press coverage, Andrew Revkin at the NYT notes that outrage over the raid is energizing those horrid “anti-regulatory campaigners” ["DotEarth"] while an op-ed contributor at the paper explains that (not to sound like those same awful campaigners!) the operation of the Lacey Act does indeed menace innocent artisans who make musical instruments [Kathryn Marie Dudley] Tim Cavanaugh finds the L.A.Times strumming a derivative ideological tune, while Radley Balko notes, in a police-restraint-for-me-but-not-for-thee vein, that a reporter arrested at Occupy Nashville had mocked concern over the gun-toting Gibson raid. More: ABA Journal.

Tags: competition through regulation, environment, free trade, media bias, prosecution

November 16 roundup

Walter Olson — Wed, 16 Nov 2011 05:19:06 +0000

Sure, let’s subvert sound mortgage accounting in the name of energy efficiency. What could go wrong? [Mark Calabria, Kevin Funnell]
California: fireworks shows are “development” and coastal commission can ban ‘em [Laer Pearce, Daily Caller]
Trial lawyers’ lobbyist: I got Cuomo to bash Chevron in Ecuador case [John Schwartz, NYT]
Politics of intimidation: “jobs bill” advocates occupy office of Sen. Minority Leader McConnell (R-Ky.) [ABC News] Union protesters invade Sotheby’s during big auction [NYObserver] “Occupy Denver protesters try to storm conference of conservative bloggers” [Denver Post] “What’s the matter with Oakland?” [Megan McArdle] Post-’08 downturn, not wealth of the few, at root of economic woes [Steve Chapman] “Bohm-Bawerk forget to include [Ms. Katchpole] in his commentaries on sundry theories of interest.” [Tyler Cowen]
New breakthroughs in abundant energy aren’t welcome to some [NYT "Room for Debate"] Is GOP wrong to make EPA an issue? [Michael Barone]
After extracting $450,000 settlement, employee admits falsifying whistleblower evidence in oil filter antitrust case; class action suits continue [Bloomberg, Abby Schachter/NYPost via PoL]
Least surprising Washington-DC-datelined story of year: “Medical malpractice reform efforts stalled” [Politico]

Tags: Andrew Cuomo, antitrust, California, Chevron, environment, labor unions, mortgages, whistleblowers

November 8 roundup

Walter Olson — Tue, 08 Nov 2011 05:07:26 +0000

Washington Post pundit Dana Milbank’s lament: Obama isn’t doing enough to intimidate opponents [David Boaz, Cato]
FDA defends itself against rising criticism on drug and device approval [NYT] NYT approaches the issue with a curious slant [Paul Rubin]
California courts: what makes you think we need to follow SCOTUS on arbitration? [Cal Biz Lit, more, Russell Jackson] Senate anti-arbitration hearing could have used more truth in advertising [PoL]
Pols want to fast-track favored L.A. stadium against environmental suits under California’s obstructor-friendly CEQA. Hmmm… why not fast-track everyone else too? [Gideon Kanner, Stephen Smith, SCPR, Paul Taylor, Examiner]
State law forbids use of deadly force in defense of business property: “Burglar’s family awarded $300,000 in wrongful death suit” [Colorado Springs Gazette]
One reason the Ninth Circuit may go off on more frolics: three-judge, one-clerk bench memos [Kerr]

Tough cookies, asthma sufferers

Walter Olson — Sat, 24 Sep 2011 05:14:10 +0000

The federal government really is going through with its ban on over-the-counter asthma inhalers — sometimes the only ones readily available in emergencies — because of the minute CFC emissions for which they are responsible. [Mark Hemingway, Weekly Standard, Atlantic Wire; earlier]

Tags: environment, FDA, pharmaceuticals

Overlawyered » environment

When federal defendants settle lawsuits

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