- Judge Royce Lamberth: EPA “offensively unapologetic” about its failures to comply with FOIA requests [Josh Gerstein/Politico, Washington Post, Courthouse News]
- Cato President and CEO John Allison to Senators Ed Markey (D-Mass.), Barbara Boxer (D-Calif.), and Sheldon Whitehouse (D-R.I.): “Your letter of February 25, 2015 is an obvious attempt to chill research into and funding of public policy projects you don’t like. … you abuse your authority when you attempt to intimidate people who don’t share your political beliefs.” [Patrick Michaels, Cato; earlier Allison rebuff to intimidating tactics by Sen. Dick Durbin (D-Ill.)]
- Smithfield Foods questions plaintiffs’ lawyers’ client recruitment methods in North Carolina farm-nuisance suit [Wilmington Star News]
- “Can Market Urbanism Revive U.S. Cities?” [Scott Beyer]
- Addressing sweetheart don’t-force-us-to-regulate consent decrees: “Sunshine for Regulatory Decrees and Settlements Act” would “require regulatory agencies to give public notice when they learn of a lawsuit that could eventually impose a federal rule” and “[give] outside parties an opportunity to intervene in the court case” [American Action Forum, U.S. Chamber in 2013]
- After nine-year battle, Interior’s Fish and Wildlife Service will let Native American pastor use sacred eagle feathers [WSJ via Becket Fund, Kristina Arriaga, Daily Caller, earlier on eagle feathers and the law here, here, etc.]
- “Yes, Gov. Whitman, states may choose which federal laws to implement” [Jonathan Adler]
Posts Tagged ‘consent decrees’
November 13 roundup
- Italian appellate court overturns conviction of seismologists on manslaughter charges following 2009 L’Aquila earthquake [Lowering the Bar, earlier]
- “The most ominous outcome in last week’s election: A band of big-bucks civil attorneys almost picked off an Illinois Supreme Court justice because they believe he’s a threat to their big paydays.” [Chicago Tribune on Karmeier retention] More: lawyers aren’t through with him yet [Madison County Record]
- They were expecting any different? “Landlords Say de Blasio Ignores Their Plight” [New York Times]
- “Liberties,” they said: New York Civil Liberties Union represented complainants who got couple fined $13,000 for not renting farm for a same-sex wedding [Ann Althouse]
- Michael Greve on citizen suits, deadline-forcing consent decrees, and “sue and settle” [Liberty and Law] Why Germany rejects the citizen-suit device [same]
- Harry Reid planning to push through large number of nominees in lame duck session, few more controversial than Sharon Block at NLRB [On Labor] (7 a.m. Thursday update: White House withdraws Block)
- Maricopa County, Ariz. sheriff and perennial Overlawyered favorite Joe Arpaio sues building owners after sidewalk trip/fall “as he headed to a restaurant to get a bowl of soup” [AP/Yuma Sun]
Environmental roundup
- Julie Gunlock, from her new book, on killer garden hoses [Free-Range Kids]
- “EPA and the Army Corps’ ‘Waters of the U.S.’ Proposal: Will it Initiate Regulatory Overflow?” [Samuel Boxerman with Lisa Jones, WLF]
- Federal rules governing land ownership on Indian reservations ensure waste and neglect [Chris Edwards, Cato]
- “Zoning’s Racist Roots Still Bear Fruit” [A. Barton Hinkle]
- Victor Fleischer: Pigouvian taxes on externalities beloved of economists, not so great as actionable policy [TaxProf]
- So economically and so environmentally destructive, it’s got to be federal ethanol policy [Hinkle]
- “Regulation Through Sham Litigation: The Sue and Settle Phenomenon” [Andrew Grossman for Heritage on a consent-decree pattern found in environmental regulation and far beyond; Josiah Neeley, The Federalist]
Environmental roundup
- Behind costly EPA crackdown on wood-burning stoves, a whiff of sweetheart lawsuits? [Larry Bell]
- Reminder: California’s Prop 65 doesn’t actually improve public health, makes lawyers rich, and harasses business [Michael Marlow, WSJ]
- “What I learned from six months of GMO research: None of it matters” [Nathanael Johnson, Grist]
- Eminent domain threatens store owner in Fire Island’s Saltaire [NYP]
- In case you haven’t seen this one: chemical content of all-natural foods [James Kennedy Monash]
- “The court ordered that the county pay the turtles’ attorneys fees.” [Dan Lewis, Now I Know]
- “On the government’s books, the switch [from steel to aluminum in Ford’s new F-150 pickup] is a winner because MPG goes up.” [William Baldwin, Forbes]
Environmental roundup
- Did we all make the wrong career choice by not becoming environmental law specialists at the University of Maryland School of Law? [@VinumLex]
- “EPA preparing to unleash a deluge of new regulations” [Michael Bastasch, Daily Caller]
- “The state of humanity is improving. Fast. Let us show you the evidence.” [New HumanProgress.org website from Cato, related essay and Twitter account]
- Long-running eminent domain suit over Centralia, Pa. mine fire settles [AP]
- Federal agencies’ entry into consent decrees with enviro groups (“sue and settle” in Chamber’s terminology) ties up more land than ever [Stephen Moore, WSJ]
- San Diego, L.A., Austin among cities to ban sales of companion animals in pet shops [International Business Times; Maggie Thurber, watchdog.org (Toledo, Ohio)]
- As UK energy prices soar, chimney sweeps return [Marian Tupy, Cato]
In mental health care, a legacy of litigation
Starting in the 1960s a wave of foundation-backed lawsuits (Wyatt v. Stickney, etc.) resulted in the closure or drastic shrinkage of most larger state mental health facilities, with the hope that patients would benefit instead from more humane and decentralized “community-based care.” I have decidedly mixed feelings about the results of that episode: the old system inflicted abuses and deprivation of freedom that cried out for oversight and reform, but the new system has handed a great deal of power to unaccountable litigators managing consent decrees in pursuit of their own, sometimes quite debatable, view of clients’ and society’s best interest. Among the roads not taken: strengthening the inspectorate concept, which places oversight authority in a class of appointees intended to be independent of the care institutions but answerable to judges, elected officials, or both. I’m quoted at length on these issues in Neil Maghami’s new Capital Research Center profile of the Edna McConnell Clark Foundation, a key funder of the suits.
Environmental roundup
- When government taking of land deprives a community association of a stream of income, is that a taking? [Ilya Shapiro and Trevor Burrus on Mariner’s Cove Townhomes Association v. U.S.; Tabarrok, Somin] “The Takings Clause Has No Expiration Date” [Burrus on Mehaffy v. U.S.] Plot of beloved Australian film The Castle hinges on eminent domain [Wikipedia via Jon Marco, WhatCulture]
- Once-hot Oil Drum blog signs off: “Peak oil arguments seem to have peaked well before oil and gas supplies.” [Jonathan Adler, Mark Perry, Mark Mills]
- Sorting out myths about fracking [Ronald Bailey] “DOE study: Fracking chemicals didn’t taint water” [Pennsylvania; AP]
- More about consent decrees between regulatory agencies and the environmental groups that sue them [Chris Prandoni/Capital Research Center, earlier]
- Debunking a study on genetically modified pig feed [Mark Lynas]
- Is the EPA even-handed as between FOIA requests from left and right? (part II) [Jillian Kay Melchior, earlier]
- D.C. scales back, but doesn’t abolish, minimum parking requirements for new in-town development, criticized by New Urbanists and some libertarians alike [Greater Greater Washington]
Environment roundup
- Slate: it’s “fascinating, in a horrified head-shaking …way” to hear RFK Jr. spin his “delusional and dangerous” theories about vaccines [Slate and more, my two cents on the wayward scion]
- What insurance industry behavior tells us about climate change [Eli Lehrer]
- Concern that EU regulations on registration of seed varieties could squeeze smalls, locals, heirlooms [Glyn Moody, TechDirt; Domenic Berry]
- Environmental suits as backdoor grab for policy control [U.S. Chamber, Ron Arnold, DC Examiner and more (“sweetheart litigation”), WLF]
- Symposium on conservatives and the environment: Jonathan Adler, Eli Lehrer, Shi-Ling Hsu and others [Duke Environmental and Policy Law Forum]
- U.K. study: cancer rates and mortality rates among pesticide workers are below the norm [Health and Safety Executive via Angela Logomasini, CEI]
- “Wi-fi made us sick” suit cost city of Portland $172K, but at least voters didn’t put sponsor on school board [Will Radik, Bad Skeptic]
- “EPA acknowledges releasing personal details on farmers” [Fox News] GOP senators introduce bill to curb EPA wetlands overreach [Ilya Shapiro]
- Attorneys’ fees often amount to 80-90% of settlement amounts: latest annual Prop 65 report is out [California attorney general’s office, background]
NYT: “Federal Spigot Flows as Farmers Claim Discrimination”
This seemed like a big story to me at the time, and it’s gratifying that it also seems like a big story to the editors of the New York Times. Sharon LaFreniere’s above-the-fold story today breaks vital new details about how career government lawyers opposed Obama appointees’ insistence on reaching a gigantic settlement for claims of bias against female and Hispanic farmers in the operation of federal agriculture programs.
On the heels of the Supreme Court’s ruling [adverse to claimants and favorable toward USDA], interviews and records show, the Obama administration’s political appointees at the Justice and Agriculture Departments engineered a stunning turnabout: they committed $1.33 billion to compensate not just the 91 plaintiffs but thousands of Hispanic and female farmers who had never claimed bias in court.
The deal, several current and former government officials said, was fashioned in White House meetings despite the vehement objections — until now undisclosed — of career lawyers and agency officials who had argued that there was no credible evidence of widespread discrimination. What is more, some protested, the template for the deal — the $50,000 payouts to black farmers — had proved a magnet for fraud.
According to the Times report, the settlement drive became “a runaway train, driven by racial politics, pressure from influential members of Congress and law firms that stand to gain more than $130 million in fees.” On the earlier, “magnet for fraud” Pigford settlement, see our coverage here, here, here, here, here, here, etc.
P.S. Plenty of coverage of this story at other blogs, including tributes to Lee Stranahan and the late Andrew Breitbart, whose investigations helped crack the story open. Useful background from Daniel Foster:
As in the original Pigford settlements, the government has literally given plaintiffs and their lawyers more money than they know what to do with. In the case of a $760 million settlement with Native Americans, which career DOJ lawyers argued was more than the government would have to pay even if they lost in court, only $300 million worth of (ridiculously easy to fake) claims were actually filed, leaving the rest of the money to be distributed to “nonprofit organizations serving Native American farmers.” As the story points out, it is not even clear how many such organizations exist — though you can bet any enterprising NGOers reading this are at this very moment pulling a clean copy of the 501(c)(3) application from their files.
Environmental roundup
- Texas whups Administration in court on cross-state air pollution rule and coal-fired power: “It is unfortunate that EPA continues to misuse the Clean Air Act.” [TCEQ press release, WSJ editorial]
- As upstate New York hopes for Greek-yogurt boom, enviros defend extra-strict factory-farm (“CAFO”) regs [Abby Wisse Schachter, NY Post]
- Land-use control and economic inequality in America [Virginia Postrel, Bloomberg; Randal O’Toole, Cato]
- House Oversight report confirms EPA lead-paint renovation rule continues to frustrate Main Street [Angela Logomasini; earlier here, etc.]
- Illegal in some Western states to collect rainwater for one’s own use [Fox, Oregon; N.Y. Times, 2009]
- GAO releases report on attorney fee awards for environmental citizen suits [Michael Tremoglie, LNL] “Mandate Madness: When Sue and Settle Just Isn’t Enough” [House Oversight hearing]
- “EPA exonerates fracking in Pennsylvania” [Ken Green, AEIdeas; Dimock, Pa., of “Gasland” fame]