Free Market Carnivore's Blog

A common strategy enviro-zealots have used to take away the rights of American citizens to enjoy or use public or private land is being boosted by new ominous new wrinkles, according to an editorial in the Wall Street Journal.

We’ve written before about the general strategy.  This variation is called “sue and settle,” according to the Journal (“Fishing for Wildlife Lawsuits,” 03/11/13).  Activist groups and their attorneys parley with activists within government agencies to agree on things they want to do but government hasn’t the authority to do.  The activist groups then sue the government demanding the government use its authority to slap someone down.  Rather than fight the group in court, the government agrees to “settle” with the plaintiffs.  Not only do both sides get what they want but the government can say it was “forced” to take action.

Of course, the variation on this sting is when the case actually goes to court and a carefully selected venue produces a judge and decision that gives the activist groups a court order for the government to do what they want.

The key about the sue and settle routine, is that a key party, the one with the most to lose when green enviro-zealots sue using the Endangered Species Act (ESA), is that businesses, property owners and the public are barred from the settlement talks.  Talk about being teed up and smacked.

A 2011 Fish and Wildlife settlement involves over 750 species, including 250 species slated for full protection and “critical habitat” designations.  Now the Administration is proposing a rule to grease these actions through the process by essentially declaring all the land involved worthless.

Sen. David Vitter is calling on Congress to cut off money to this settlement scheme and the Journal suggested that the upcoming nomination hearing for Sally Jewel’s nomination for Interior secretary would be a great place to ask questions and demand position statements.

More later.