Tag: environmental protection agency

EPA Gives Millions to Enviro Groups That Sue it

It’s all a happy circle of funding, as John Merline reports at Investor’s Business Daily: the Environmental Protection Agency gives millions in grants to green organizations that perennially sue it demanding that it regulate more things. When the EPA settles or loses those suits, it then awards the groups millions more in attorneys’ fees under the federal Equal Access to Justice Act and other “one-way” attorney’s fee provisions (called “one-way” because they allow winning plaintiffs to collect fees from defendants, but not vice versa).

“The EPA isn’t harmed by these suits,” said Jeffrey Holmstead, who was an EPA official during the Bush administration. “Often the suits involve things the EPA wants to do anyway. By inviting a lawsuit and then signing a consent decree, the agency gets legal cover from political heat.”

Holmstead called this kind of litigation “sweetheart suits.”

As blogger Coyote puts it, “Our rulers are pretty good at finding tricky ways to expand their power.”

I go into much more detail on collusive public-sector litigation in chapter 8 of my new book Schools for Misrule. Other government agencies, much like the EPA, use settlements of pressure-group lawsuits as a way to go along with desired expansions of power; corrections and foster-care systems commit to step up program offerings and (no! anything but that!) seek higher funding to accomplish their missions; union-allied public-sector managers give away the store on employee benefits disputes, and so forth (scroll to “Consent of the Governors”). From New York to Alabama, state education departments have covertly or even openly assisted lawsuits against themselves intended to force spending expansion. And once sweetheart negotiations result in an adverse consent decree, with little or no formal input from taxpayers, parents, or other affected constituencies, the locked-in big-government policies can be nearly impossible to unlock later on, should voters’ moods change.

With a few exceptions, as with Prof. Ross Sandler and David Schoenbrod’s superb critique Democracy by Decree, these methods of agency governance are virtually uncontroversial and indeed highly popular in legal academia — and no wonder, since they transfer much power over public policy to a corps of “public-interest” litigation professionals who tend to be products of the finer law schools. But others, particularly Western land activists and Republicans in Congress, are skeptical. Rep. Cynthia Lummis (R-Wyo.) points out that since a rules revamp in 1995 the federal government no longer even tracks EAJA fee payouts in any organized manner, which makes it harder to catch double payments as well as suggestive patterns in which (critics have charged) certain environmental groups have filed hundreds of suits, assembly-line style, and cashed them in for fees. Lummis and home-state colleague Sen. John Barrasso (R-Wyo.) have introduced a bill called the Government Litigation Savings Act that would, among other provisions, reinstitute data collection regarding EAJA outlays, limit the size of awards to $200,000 per case and the number of annual awards to a given group to three, and cap hourly attorneys’ fee awards at an inflation-indexed $175/hour. (Sen. Orrin Hatch, another co-sponsor, summarizes the provisions here.) Whatever the merits of individual details, the bill furnishes a jumping-off point for a public debate that’s long overdue.

EPA on Guard against Spills

Well, at least of the dairy kind:

New Environmental Protection Agency regulations treat spilled milk like oil, requiring farmers to build extra storage tanks and form emergency spill plans….

The EPA regulations state that “milk typically contains a percentage of animal fat, which is a non-petroleum oil. Thus, containers storing milk are subject to the Oil Spill Prevention, Control and Countermeasure Program rule when they meet the applicability criteria.”

Peter Daining of the Holland Sentinel (Holland, MI) has a report, including predictions that smaller dairy producers could be driven out of business by the cost of the containment rules.

“Smart Growth” from a Dumb Agency

The same federal agency that brought us monumental failures like public housing wants to play a bigger role in fostering so-called regional “smart growth.” HUD secretary Shaun Donovan recently traveled to Portland, Oregon to announce the Obama administration’s new Office of Sustainable Housing and Communities.

This new bureaucracy will distribute $140 million in grants for regional “smart growth” planning:

With OSHC’s grant programs, HUD will provide funding to a wide variety of multi-jurisdictional and multi-sector partnerships and consortia, from Metropolitan Planning Organizations and State governments, to non-profit and philanthropic organizations. These grants will be designed to encourage regions to build their capacity to integrate economic development, land use, transportation, and water infrastructure investments, and to integrate workforce development with transit-oriented development. Accordingly, OSHC’s grants will be coordinated closely with the Department of Transportation (DOT) and Environmental Protection Agency (EPA).

Donovan told a Portland State University crowd that “We at HUD are big admirers of what you’re doing here.” However, Randal O’Toole’s dismantling of the Portland planning utopia myth in a Cato Policy Analysis shows that the city is nothing to be emulated. That is unless other cities want less affordable housing, more congestion, higher taxes, and businesses relocating elsewhere.

Donovan then met up with his EPA and DOT colleagues in Seattle at smart growth conference. HUD isn’t the only one opening up the taxpayer’s wallet:

And the Department of Transportation is proposing $527 million to promote “livable communities” through grants to states and cities. Transportation secretary Ray LaHood says those grants, too, must meet the goals of his partner agencies.

LaHood: “It supports any new initiatives we develop on our own like expanding transit in low–income neighborhoods, or what our friends at HUD and EPA are working on in collaboration.”

Local coalitions are already forming to seek those federal dollars.

Let the rent-seeking begin.

The merits of Portland’s urban planning can be debated all day. But it stands federalism on its head when the federal government takes a particular city’s policies and then tries to shove it down the throats of the rest of the country. Based on what I know of Portland’s planning, I certainly wouldn’t want it where I live. Other cities, like Houston, have reached the same conclusion. But, I guess if Shaun Donovan likes it, then damnit, we’re all going to like it.

The Long Road to Copenhagen

There are two different stories coming from the same political party on global warming, leading to only one conclusion: President Obama is about to (or has) ordered the Environmental Protection Agency (EPA) to mandate some type of cap on U.S. carbon dioxide emissions.

Harry Reid and other democratic leaders in the Senate have clearly indicated that cap-and-trade legislation will be put off at least, until what they call “spring”, which is long after the upcoming UN climate conference in Copenhagen next month. At the same time, President Obama has said that the U.S., along with China, will announce some type of emissions cap in Copenhagen. Obviously this cannot refer to legislation that has yet to be voted on in the Senate.

President Obama keeps using the language “operationally significant” when referring to what the U.S. will agree to in Copenhagen. The only way that he can get around the Senate and still have a credible position in Copenhagen is for the EPA to announce specific regulations for carbon dioxide emissions between now and the conclusion of the Copenhagen meeting in mid-December.