UPDATED: Activist ‘Green’ Lawyers Billing U.S. Millions in Fraudulent Attorney Fees
Without any oversight, accounting, or transparency, environmental activist groups have surreptitiously received at least $37 million from the federal government for questionable “attorney fees.” The lawsuits they received compensation for had nothing to do with environmental protection or improvement.
The activist groups have generated huge revenue streams via the obscure Equal Access to Justice Act. Congressional sources claim the groups are billing for “cookie cutter” lawsuits — they file the same petitions to multiple agencies on procedural grounds, and under the Act, they file for attorney fees even if they do not win the case. Since 1995, the federal government has neither tracked nor accounted for any of these attorney fee payments.
Nine national environmental activist groups alone have filed more than 3,300 suits, every single one seeking attorney fees. The groups have also charged as much as $650 per hour (a federal statutory cap usually limits attorney fees to $125 per hour).
In well over half of the cases, there was no court judgment in the environmental groups’ favor. In all cases, whether there was any possible environmental benefit from the litigation is highly questionable. Most cases were simply based upon an alleged failure to comply with a deadline or to follow a procedure.
A whistleblower who was employed for 30 years by the U.S. Forest Service told Pajamas Media:
Some organizations have built a business doing this and attacking the agencies on process, and then getting “reimbursed.”
This week a bipartisan group of congressional members introduced legislation to end the secrecy of the payments and force the government to open up the records to show exactly how much has been paid to the groups and the questionable attorney fees. The legislation was sponsored by Rep. Cynthia Lummis (R-Wyoming), Rep. Stephanie Herseth Sandlin (D-SD), and Rep. Rob Bishop (R-Utah).
Congressional sources have said the disclosure was necessary to determine the extent of fraud and abuse. The $37 million is considered only a fraction of what has been paid out to the activist groups.
“For too long, taxpayers have unwittingly served as the financiers of the environmental litigation industry,” Rep. Bishop, who also is the chairman of the Congressional Western Caucus, said.
Rep. Herseth Sandlin remarked: “Simply put, this legislation is about ensuring good and open government.”
“It’s time to shine some light [on the program],” explained Rep. Lummis, who said the groups have created an industry that “supports their ‘stop everything’ agenda.”
The $37 million figure is considered low. It includes less than a dozen groups and only accounts for cases in 19 states and the District of Columbia. There are hundreds of eco-activist groups in the United States.
According to the whistleblower who served in the U.S. Forest Service, environmental activist groups typically file identical lawsuits to multiple agencies on procedural grounds, such as a missed deadline.
The identity of the huge revenue stream was established by the Western Legacy Alliance (“WLA”), along with Wyoming-based attorney Karen Budd-Falen. Western Legacy Alliance was founded in 2008 by ranchers and resource providers who raise beef and lamb on public lands of the West. What they found was astounding.
The sad thing is that these days even $37 million doesn’t sound like very much.
Look up Cape Hatteras OBPA or islandfreepress if you really want to see something bad. Your National Park is closing HERE. Do not let them say it is about beach driving…..closed means closed!!!!!!!!!!
Sadly this accounting could very well go up to 7-8 Billion. Not just the paltry amount discussed in the article. Although as a taxpayer I don’t like it that any amount of money is going towards cookie cutter lawsuits that support environmental extremism when those impacted by those suits have to hold fundraisers in order to file amicus brief’s in those same suits and often cannot afford to do so.
Where is equal justice under the law? Why do only certain people qualify to go into the federal courts? This is BS with a capitol B and a capitol S and it needs to be reimbursed to the American public.
Maybe all the students out there protesting today should volunteer some of their time to help find and alleviate all the abuses such as this. They could gain some real world experience and free up some funds that just might be available to assist them in their plight. Sounds like a win/win to me.
So they get rich putting everyone out of work, what else is new. Like this will see the light of day.
Typical of left wing losers, if there is anything to be had without paying for it they’ll find it and abuse it, after all, it’s their right.
Those lawsuits were mostly filed as a response to Bush’s little wink wink, nudge nudge to companies wanting to bend or break environmental laws. And if you are going to point fingers at expensive, malicious environmental lawsuits, you need to change the direction of your finger a wee bit.
The only thing “breaking” about this article is the “wind”.
Term limits would mean less time wasted by politicians politicking and spending more time doing their jobs.
So let me get this straight; Fed Entity ‘A’ is sued by Private Party ‘B’, then Private Party ‘B’ (over)bills Fed Entity ‘C’ for the work?
And bc, you dolt, the law goes back to ’95!
As we all know, our government and accountability is too large. It seems Peter doesn’t pay attention to what Paul is doing, really couldn’t care less in fact…
Smaller court systems. Make the states and things that go on in them more accountable. it will never happen. It’s not just the groups mentioned in the above, it’s people in general…like get it if you can, no matter the amount of dishonesty involved.
It’s like we have a grand old dame of a country that is teetering on the edge of oblivion, and the dishonesty of many are trying to push her over completely.
The $37 Million cited here will turn out to be a very low estimate. We’ve got many eco-extremist groups who have been at this for a long time. I’ve known for quite some time they’re ‘dirty’. Just watch as the facts unfold!
#5 BC You put up a seven year old article from cbs which pushes the environmental groups agenda(not to mention the fact that cbs is practically incapable of telling the truth unless forced to.) Some of them the same groups which are accused of malfeasance in this article. And wham bam thank you mam, discussion over because another know better than you statist has shown us simple folks where to find the “facts.” I think you had better ease up on “the kool-aid” dude!! Once you can see straight again take that crap somewhere else as no one here is interested in even a sip of that putrid, foul brew!!!!
You didn’t actually think the “Stimulus Act” was anything more than a slush fund for the left did you? I think we’ll be seeing a lot more of these “breaking stories” about this group or that getting money they did nothing for other than have the correct ideology.
The problem with all these outrageous stories that break unceasingly EVERY DAY is that there is no time or energy to get pissed off and follow them all. So we just forget about them until the next one comes (like clockwork).
That’s what the Cloward/Piven Strategy is all about folks and it’s working for the left like a charm.
THANKS FOR NOTHING OBAMA VOTERS!
If truth in advertising applied to this law, it’d have to be titled “The Scumbag Lawyer Full-Employment and Enrichment Act of 1995.”
Corrupt bastards charging for graft as “legal services”… new twist on an old racket.
Go to school, become a lawyer, open an evironmental save the planet group, throw away morality, and make millions. Die, and then go to hell.
Got it.
Really nice piece of reporting. Can’t wait to read more.
What we are seeing, is the initial discovery to what all of these enviromental “Green” projects are about. Getting money from the Taxpayer without and real work and without any liminations.
The Political Class along with the Tort Lobby, are both stealing from the taxpayer. And remember, only about 30% of the voters pay taxes.
‘…billing for “cookie cutter” lawsuits — they file the same petitions to multiple agencies on procedural grounds, and under the Act, they file for attorney fees even if they do not win the case.’
And this is different from normal attorney behavior, how?
Hey, anyone notice that the day after this article appeared, a leaked RNC memo showed the GOP’s far more cynical, hateful contempt for their own donors? Nah, you’ll never hear about that on this site, but the fact is that the memo said small GOP donors are motivated by fear and large donors by “ego” and “access.” In other words, there are two kinds of Republican, divided by income: suckers and blowhards.
That $37 million is only the tip of the next ice age berg in consideration of what the radical extremist greenie Eco-loons have cost us all for their junk science causes.
Eco-loons all but killed the logging industry, oil drilling, cattle grazing, and mining on public lands, saved salamanders and cut into agriculture, set wolves loose, stopped nuclear energy programs, and are still hedging to pull off the most expensive scam of offset carbon credits. Are there lawyers behind it, are they plotting trillions of take overs, do they have the sympathy and donations of the elites?
Spend any length of time around trial attorneys and you quickly realize they are engaged in a growth industry and look at the law the way a dairy farmer looks at the udder of a cow.
So when do fraudsters start going to jail?
All the vultures are taking their little piece of the American pie before their actions cause the total collapse of our economy and the dollar. These debts are no accidents and our government, creating them, is doing so on purpose.
Coward-Piven, or just for the money? Either way, I always suspected that the majority of “environmental groups” are nothing but con rackets. Obama has taken the environmental racket to a whole new level.
When the enviro-weenies start to talk about over population, I’ll start to believe that they are really concerned about the planet and not just left wing politics. Every new human burns tons of fossil fuel, produces tons of CO2 and tons of garbage and sewage which end up in the oceans or somewhere detrimental. I don’t think we need to march people into into involuntary sterilization centers, but maybe we can take away some of the government incentives for having more children than a couple can afford. For example, limiting the child tax credit to two, stop increasing welfare payments after two, stop the earned-income credit after two children. You can still have more than two children–just don’t expect other taxpayers to pick up the tab. Also, if Obamacare is going to pay for abortions, it should pay for voluntary sterilization as well.
The parasites are everywhere it seems. Rural wisdom would indicate a massive deworming is required.
Richard:
Lawyers have been running the show for awhile it seems in a very corrupt manner. Now that they are exposed in this corruption scheme let them be prosecuted and stripped of all that they have and put out of business. Our head US AG is a roadblock on purpose, to protect the corruptocrats but when he is removed or isolated, honest people can get this cleaned up. Support those in Congress who want to clean this up.
Keep up the good work Richard.
Many moons ago, when the earth was young, and the dino’s roamed freely, lawyers were the type of people that kids like me were taught to respect and emulate. Lawyers were the defenders and caretakers of the “Truth”. Daniel Webster and Abe Lincoln were lawyers. Gregory Peck played one brilliantly in the movies. And who can forget Perry Mason? In short lawyers were cool, but I think that all went out the window with rise of people like John Edwards, Johnny Cochrane, Bruce Cutler and the maggots from the ACLU. That’s when truth became less important the desired result obtained, and when justice became a commodity to be whored for cash to the highest bidder. Nowadays, whenever I hear the word lawyer, I cringe as if somebody just told me a poisonous viper was inches away from my carotid artery. I don’t pretend to know the details of tort reform, or what it requires, all I know is that something is very wrong with our entire legal system. And I don’t think that I’m the only one who feels this way …
Because we pay for and utilize public lands to graze cattle and sheep we are called welfare ranchers by the radical eco-terrorists. How is this not welfare environmentalism?
Last year, the GAO released studies of Pentagon weapons procurement programs showing cost overruns in most of those programs of over $260 billion dollars. With that kind of waste ongoing in D.C., I wonder why Mr. Pollock is focusing on $37 million in attorney fees? He quotes an unnamed Forest Service officer as saying that these lawsuits are often over process, not substance. My study of some of these lawsuits is that indeed, it is often over process. But don’t taxpayers have a right to expect that federal agencies will follow their own rules?
Ms. Budd-Falen, the lawyer quoted in the article, has a long association with what is known as the wise use movement here in the West. ( http://en.wikipedia.org/wiki/Wise_use ). A careful analysis of that movement will find many individuals and industry-front groups pushing for less regulation and more tax breaks over how THEY use the taxpayers’ lands in the West.
#19 JED: “Eco-loons all but killed the logging industry, oil drilling, cattle grazing, and mining on public lands…..” Not really. Here in Colorado, almost every timber sale offered by the feds in the ’80s and ’90s was a below cost sale. Meaning it cost more to get out the cut and build the roads than the timber was worth. Who made up the difference? We taxpayers of course. Oil drilling is still happening.
Regarding grazing, the cost to run cows on federal land in the West is determined by Congress. It’s about a quarter of the cost to run cattle on private and state land. Again, a taxpayer rip-off. I reviewed the list of the biggest grazing permittees in Colorado some years ago. It was primarily trade associations and big corporations, with only a few “mom and pop” operations.
Hard rock mining still occurs in the West, but fortunately not at a high level. Why? Mining is governed by the 1872 Mining Law which allows corporations to gain access to federal lands for pennies on the dollar, and they pay no royalties to the federal treasury (unlike oil & gas operators). As a fiscal conservative, I’m all for mining if taxpayers get royalties and the local environment is protected. It’s hard to hunt and fish in a mining area where wildlife has been driven off and streams are polluted by run-off. If JED was to do some research, he would find that hunting & fishing is a multi-billion dollar industry in the Intermountain West.
Moral of the story is simple: get the facts and don’t believe everything some politician or lawyer, like Budd-Falen, tries to tell you.
Based on this article, it looks like this country is filled with a lot of uneducated, slow, and resentful people. I’m confused as to how you all attack “the Left” and “lawyers” and whoever else you reactionaries blame for the consequences of the free market system you blindly touted for years.
Take some time to get educated – stop shooting off at the mouth – realize $38M is TINY amounts of money – and consider why the lawyers have so much power…probably because all of you couldn’t put together a coherent explanation of what is troubling us other than platitudes like “Obama is a socialist” or “environmental extortionists” or “maggots from the ACLU”. I’m not even sure most of you know what you’re talking about most of the time, so I’ll just add that a $38M scam by lawyers is HARDLY a big deal. Industry on the whole is one big scam, as is government – hell even your “alternative media” that tells you to buy gold bars is essentially a scam. I’m not sure why you all get up on lawyers and leftists about being the problem.
@ 25 Miker5: I travelled to Communist China in the 80′s and my “guide” sounded just like you – only it was 1 child instead of 2.
Also, the planet doesn’t really care if we burn fossil fuel or create CO2 – it compensates easily. And garbage and sewage does not end up in the Ocean except perhaps in poor 3rd world countries. The irony is that it is fossil fuel and freedom that has helped developed nations to achieve the higher standards of living that include really good waste management and a high level of concern for the environment.
You seem to think it is OK to insist that others conform to your world view and act as you think is best. Since there is probably a lot I will not like about how you live your life, I will send someone over to your house to do an audit and then give you your new set of rules to live by.
Is not this enough for you to follow the money in regards to anything GREEN. Green is the new word for screw you!!!!! Green anything is killing us…..Wake up before it is not too late.
Leftist Lawyer, this rip off of the taxpayers that the enviro nazis and their creepy lawyers are doing has nothing to do with the free market. And it’s wrong – a concept you must have been educated out of recognizing regardless of the amount.
Let’s see what sort of facts we have here folks. There are uncorroborated charges by a single nameless whistleblower and then there is a lot of huffing and puffing from some elected officials. No study, no report, and no figures from CBO about how much was paid to who, if any. Also no counter-suit by the Gov’t. No federal or local prosecutions for fraud. Hmmmm.
My own perspective is that Big Business from out West is mad that some Lefties have figured out how to work the patronage system to their advantage. And we all know how much Big Business likes to share with the little guy.
This is a great first step in draining the swamp of corruption from the so called good guys. As for mentioning the Pentagon, if they are cheating, lying and misrepresenting we can go after them as well. The lefties who can’t seem to think about America and only want to cry and make this a partisan issue have been destroying this country for decades. Stop blaming your political opposites and start being accountable. Look how the Rangel and Murtha corruption played out compared to Duke Cunningham and Tom Delay, keeping democratic crooks in office does not make for a better country. Let’s get rid of the corruption period, this is not about blaming the other guys, it’s about protecting the American people.
Reply to leftist lawyer….
“Based on this article, it looks like this country is filled with a lot of uneducated, slow, and resentful people.”
Actually, this became obvious in November 2008, when this country elected a marxist teleprompter for the US presidency. You are too slow, comrade.
“I’m confused as to how you all attack “the Left” and “lawyers” and whoever else you reactionaries blame for the consequences of the free market system you blindly touted for years.”
Technically speaking, the left is reactionary, since it tries to implement an old failed system of socialism, which is pretty much the modern version of feudalism. But more to the point, the failures of the US government are not the failures of free market economy. The collapse of Freddie and Fannie, GM and Chrysler, Social Security and Medicare are all due to government rules and regulations.
“Take some time to get educated – stop shooting off at the mouth – realize $38M is TINY amounts of money”
Firstly, lets wait until the government opens up its books and we see the real sums. Secondly, if $38M does not matter – lets cut it from NPR funding – every month. Deal?
” – and consider why the lawyers have so much power…”
Because the laws favor them, and not the producers? Simple enough?
“probably because all of you couldn’t put together a coherent explanation of what is troubling us other than platitudes like “Obama is a socialist” or “environmental extortionists” or “maggots from the ACLU”.”
“coherent explanations” cannot be put used a roof over your head, or you can’t use it as food. The “coherent explanations” from lawyers don’t create wealth in this nation – nor anywhere else. You keep forgetting who feeds you, comrade.
“I’m not even sure most of you know what you’re talking about most of the time, so I’ll just add that a $38M scam by lawyers is HARDLY a big deal.”
And I am not even sure you can chew gum and fart at the same time, so I’ll just add that $38M was the tip of the iceberg. I would also add that if this money was used to fund a political candidate, then it’s not really a small amount of money.
“Industry on the whole is one big scam, as is government – hell even your “alternative media” that tells you to buy gold bars is essentially a scam. I’m not sure why you all get up on lawyers and leftists about being the problem.”
So, companies that make your computers are a scam? Car companies are scam? You see, comrade, you keep forgetting that someone has to work honestly to create the wealth. If everything is scam – then how do you sustain your existence? Think about it, stop being so reactionary.
That was a funny reply from the left:
“Let’s see what sort of facts we have here folks. There are uncorroborated charges by a single nameless whistleblower and then there is a lot of huffing and puffing from some elected officials. No study, no report, and no figures from CBO about how much was paid to who, if any. Also no counter-suit by the Gov’t. No federal or local prosecutions for fraud. Hmmmm.”
Well, it sure sounds like Watergate in the first year – except the opposition does not have the control of Congress. Once this changes, you will see things very differently.
Hurry people send the greenheads more money somewhere an envirojihadist is STARVING FOR A NEW MANSION and don’t forget a little something something for his MOONBAT LEFTIST LAWYER !!!!
29. SteveB/Colorado:
Talking about the national defense budget is an excellent strawman arguement, diverting away from the issue of domestic and public lands economics.
Over 70% of the Forest Service budget goes to litigation. The BLM is similar in expense. We pay for that. Weither the law suits are frivilious is point of view. A 44 cent stamp and cancel a half million timber sale. The eco-lawyers get to play vigilante against the federal agencies while masking the agenda with save the planet green propaganda.
Corporations are buying into the ranch and mining business because the small “mom and pop” miners and ranchers can hardly afford to pay and play the regulations from the fed and dodge the vigalante lawyers. Who pays is us when the smaller industries quit.
Big government biases big corporations while over regulation and greenie lawyers perform their own parasitic justice. No one likes mercury in their water, or trash on the roads, and these industriess with their materials, energy, and jobs have to be considered with relativity, not litigation.
The West will be destroyed by a combination of overreaching government, rapacious lawyers, radical environmentalists, and self-serving special interest groups. And the sheeple are too mesmerized by a diet of dumbed-down “education”, MSM brainwashing, and Hollyweird propaganda to see it…
We shall not be free until the last lawyer is strangled with the guts of the last environmentalist…
An important book is again in print after more than twenty years, Possum Living:
http://possumliving.net/about.html
The insidious takeover of small farms strikes at our most basic freedoms and is part of an effort to convince us that we are dependent on the government. This special report dovetails nicely with the afterburner Flying Solo.
”The greatest fine art of the future will be the making of a comfortable living from a small piece of land.” Abraham Lincoln
”The small landholders are the most precious part of a state.” Thomas Jefferson
#24. miker5: You sound like the ultimate leftist.
To all of the lefties on this thread belly aching about the Govt. not getting enough money for land use rights, and calling it some kind of tax payer rip-off why is the Govt. a landlord in the 1st place?
I’ll solve you lefties’ delemma. Have Uncle Sam sell off the land to developers, Oil companies, ranchers, loggers, etc… etc…
You probably wouldn’t like that too much.
WHEN WILL THIS MADNESS EVER STOP??????
THANK GOD SOMEONES BLOWING THE TOP OFF THESE HIDDEN TRUTHS.
OUR BEAUTIFUL AMERICA IS IN DEEP TROUBLE AND WE HAVE TO ACT AND THE TIME IS NOW.I HAVE DECIDED TO FIGHT LIKE HELL.
Some of them the same groups which are accused of malfeasance in this article. And wham bam thank you mam, discussion over because another know better than you statist has shown us simple folks where to find the “facts.” I think you had better ease up on “the kool-aid” dude!! Once you can see straight again take that crap somewhere else as no one here is interested in even a sip of that putrid, foul brew!!!!
Can not wait to see the list. I bet I know the top 3 on it! Hope this will make people less willing to donate to these groups also. Maybe then these groups will leave public land to the public.
#39 JED: “over 70% of the Forest Service budget goes to litigation.” Hmmm. Interesting. I just went through the Forest Service enacted budget for 2009 and the President’s budget for 2010. I didn’t see references to your allegation. I did see about half of each year’s budget going to wildland fire management, which is a big issue here in the West. Another significant portion goes to research. More goes to recreation, management of fisheries, timber, grazing, etc.
Perhaps you could share with us where you got your 70% figure. In addition, the President’s total budget for the Forest Service in this fiscal year is slightly over $6 billion. 70% of $6 billion is about $4.2 billion. That’s a lot of money going to litigation.
I find it equally interesting that you dismiss my reference to massive cost overruns in the Defense budget as a “strawman argument.” I stand by my comment; as in, why is the author of this piece focusing on small change when he could go after big bucks in waste ($37 million is small change compared to $270 billion).
“small ‘mom & pop’ miners & ranchers can hardly afford to pay and play the regulations from the fed and dodge the vigilante lawyers….” Again, perhaps you can share a reference. Small scale ranchers I know are having some difficulty not because of federal regulations or “vigilante” lawyers. They’re hurting because it’s tough to compete with the big feed lots in the Midwest & Texas. You can also note my reference to ranchers being subsidized by the taxpayers already due to artificially low grazing fees.
What is mountain top removal coal mining?? It’s Don Blankenship and clan ruining the people of the Appalachia Mountains.
Do you know they can set the entire city of Manhattan at the Coal River site in West Virginia? That is A LOT to reclaim with so called businesses. It’s not the only one. We are talking about miles and miles of devastation. Not just the size of a Walmart. They plant grass and landscape these areas with a few tree species. There is no way they can put back miles and miles of mountain. They can’t put the species of wild plants that it took billions of years to develop.
It’s not mining coal that people have a problem with. It’s the coals companies being irresponsible and it’s their way of doing it. MTR is a unnecessary practice. Back in the 70’s there was over 120,000 men in this state employed by underground mining. Now we have 20,000. Only 5,200 are employed doing MTR. It’s cheaper for them to employ machines than it is for a man to do it.
They are filling our valleys and streams with waste. It’s raining on this waste and poisoning the ground.They have slurry impondments with billions of gallons of waste. Held together with dirt and nothing to line them with.(blasting dynamite next to them) The toxins are seeping into our ground water. This stuff has seeped into people’s water systems and it has killed some of them.
They have been cited with violation after violation, they pay the fines and it’s business as usual. They are raping of us our heritage by blowing up these mountains. They are poisoning us and other species dependent on fresh clean water. All that just because it’s cheaper for them. I don’t think it’s only the “greeniacs” profiting in a crooked way.
You tell me what is the value put on life here in WV? 1 life to 1000 jobs? 1 to 12 tons of coal? What?????
Thank God SOMEBODY is suing them!!! Could somebody also call our government officials and tell them we live in a war zone?? We need help!!!!!?!?
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