By Glen Wunderlich Outdoor Columnist Member Professional Outdoor Media Association
Follow the money. When searching for motives behind so many human endeavors, money is frequently in the mix. But, following the flow of cash is not always easy, and in the case of the Equal Access to Justice Act (EAJA), it’s been more than difficult; it’s been impossible. Established some 30 years ago, Congress designed the EAJA as a vehicle for individuals, small businesses or public interest organizations to have a voice against unreasonable government actions threatening their rights, privileges, or interests. To sweeten the rewards for successful campaigns against government entities such as the U.S. Forest Service or Bureau of Land Management, these “cash-poor” organizations – that is, those for-profit corporations worth less than $7 million – are able to recoup legal fees, if they fight the law and win. Hooray for the little people!
However, non-profit groups such as the Humane Society of the United States (HSUS), Defenders of Wildlife, and the Center for Biological Diversity (CBD) – although they are worth much more than a paltry $7 million – are exempt because of their non-profit standing, and therefore, are able to pocket huge sums of taxpayers’ cash at the rate of $150 to $350 per hour for attorney fees charged to us taxpayers.
However, since 1995, there has been no public accountability or Congressional oversight, because of the Federal Reports Elimination and Sunset Act. We’re not talking small potatoes here. Over the past 10 years, some 1500 cases have been filed by groups such as these against the federal government. The result is that millions, if not billions, have been paid out, which in effect, makes us all contributors to radical causes we may not support. Although winning should have its rewards, the abuse of the system is flagrant.
Their strategy is simple: Overwhelm the system and soak the public in the name of environmentalism or animal protection. As an example, in one petition the Center for Biological Diversity requested that the U. S. Fish and Wildlife Service (USFWS) review 404 species in the Southeast alone for Endangered Species Act (ESA) consideration. Additionally, WildEarth Guardians filed two petitions listing 1,156 species for protection. Victories are often obtained because of technicalities such as missed deadlines and hardly ever for substantive matters.
Ever wonder why wolves are protected under the ESA, when in fact their numbers have exceeded recovery goals by 500 percent? It’s elementary, once again, by following the money. Animal rights and environmental groups have pocketed millions of dollars by filing petitions to prevent delisting. In Minnesota HSUS was granted $280,000 of your tax dollars after it successfully stopped the delisting of wolves from the ESA.
Want more? Taxpayers gave more than $436,000 to anti-hunting groups for blocking wolf management in the northern Rockies.
Beating the system is the name of the game, as evidenced by comments of CBD founder Kieran Suckling in 2009, as reported in the High Country News: ““At its simplest, by obtaining an injunction to shut down logging or prevent the filling of a dam, the power shifts to our hands. The Forest Service needs our agreement to get back to work, and we are in the position of being able to powerfully negotiate the terms of releasing the injunction.
“New injunctions, new species listings and new bad press take a terrible toll on agency morale. When we stop the same timber sale three or four times running, the timber planners want to tear their hair out. They feel like their careers are being mocked and destroyed—and they are. So they become much more willing to play by our rules and at least get something done. Psychological warfare is a very under-appreciated aspect of environmental campaigning.”
Follow along next week to discover how these groups use their funding. Better yet, learn how the taxpayer gravy train may itself become endangered.
