What’s The Beef, Part Two: How Lawsuits Shape Land Management Policies

Range management is more a result of lawsuit than science…Special interest groups sue the land management agencies and they agree to settle on terms that do not benefit the general public and are almost never disclosed…
Victor Iverson in Deseret News, January 22, 2016

Sue and Settle

Back in the heyday of clear-cutting, over-grazing, strip-mining, etc, when a generation of passionate environmentalists were inspired by Hayduke and his Monkey Wrench Gang, it seemed that the only way to bring attention to the problems of over-use and degradation of lands was with aggressive, sometimes dangerous, protest actions.  From removing survey stakes and tree spiking to bombings and arson labeled as eco-terrorism, considered one of the greatest threats of terrorism in the United States, environmentalists wanted to be heard.  In desperation to save what they loved, they demanded change in the only ways they felt were left to them.  But then another way was found to effect change in land use policies.

We decided, let’s just sue instead.  It got settled with the Service agreeing to do a wolf study, which led to reintroduction.

That was the moment when we looked at it and said, ‘Wow.’  The environmental movement spent a decade going to meetings and demanding action and getting nothing done.  They were asking powerful people for something from a position of no power.  We realized that we can bypass the officials and sue, and that we can get things done in court.

Kieran Suckling of the Center For Biological Diversity in an interview with High Country News

The use of lawsuits to force the agency overseeing the land or wildlife in question to act has proven to be effective.  And it has been steadily increasing.  When the agency agrees to reach a settlement in these lawsuits, the terms are negotiated behind closed doors, outside of the public’s view, away from the public’s input.  It is referred to as ‘sue and settle.’  Here is a short definition from a report from the US Chamber of Commerce:

 Read the whole thing,including embedded links here