July 6, 2010

Credit for saying the obvious

By Credit for saying the obvious

Author:  Damien M. Schiff

The AP released this article over the weekend on the Clean Water Act and its "citizen suit" provisions, which authorizes private individuals to sue other private actors for civil penalties payable to the feds.  I'm quoted in it saying the obvious (but nevertheless true):

Polluters are required to pay the attorneys fees of the prevailing party, putting cities, large industrial companies and even Amish farmers in financial jeopardy. Critics, including Damien Schiff, an attorney with the politically conservative Pacific Legal Foundation in Sacramento, say that provision alone generates more lawsuits than "would otherwise be brought."

Schiff said that successful lawsuit have been filed for violations that regulators deemed too trivial to pursue. "There are definitely abuses," Schiff said.

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