Lowell E Baier

Inside the Equal Access to Justice ACT

Environmental Litigation and the Crippling Battle Over America's Lands, Endangered Species, and Critical Habitats

• Gebundenes Buch

Produktbeschreibung

Lowell E. Baier, one of America's preeminent experts on environmental litigation, chronicles the century-long story of Americas' resources management, focusing on litigations, citizen suit provisions, and attorneys' fees. Inside the Equal Access to Justice Act will be a valuable resource for the environmental legal community, environmentalists, practitioners at all levels of government, and all readers interested in environmental policy and the rise of the administrative state.

Produktdetails

• Verlag: Rowman & Littlefield Publishers
• Seitenzahl: 678
• Erscheinungstermin: 17. Dezember 2015
• Englisch
• Abmessung: 231mm x 152mm x 58mm
• Gewicht: 1179g
• ISBN-13: 9781442257443
• ISBN-10: 144225744X
• Artikelnr.: 43492927

Autorenporträt

By Lowell E. Baier

Inhaltsangabe

Table of Contents Title Page List of Illustrations Prologue: Environmental
Litigation and Its Consequences Author's Acknowledgments Chapter 1: The
Growth of Government Regulation in the United States The New Deal and the
Foundation of the Administrative State The Administrative Procedure Act and
Control Over Agencies Expanding Entitlements The Great Society: Kennedy and
Johnson The Era of Public Interest Law: Civil Rights, Consumerism and
Environmentalism Environmental Litigation and Broadening the Waiver of
Sovereign Immunity Chapter 2: The Development of the Equal Access to
Justice Act Early EAJA Proposals: Expanding the Public Interest Mandate
Narrowing and Focusing the Legislation: Responding to a Devastating
Economic Crisis and Bureaucratic Blitzkrieg EAJA: The Evolution of a Unique
Small Business Bill The 1980 Presidential Election and the Reagan
Revolution Wisconsin's 1980 2nd District Congressional Election Campaign: A
Microcosm of the Presidential Election The Voice of the Silent Majority:
America's Small Business Community Resonates Through the Presidential
Election Campaign 1980 EAJA Hearings and Chairman Kastenmeier's Dilemma The
September 3-4, 1980 Mark-Up of EAJA S. 265: Resurrection of a Pariah, the
501(c)(3) Financial Exemption Paranoia in the Capitol: EAJA's Enactment
Becomes Politically Pragmatic Chapter 3: Use and Amendment of the Equal
Access to Justice Act from 1981 to 1985 EAJA 101: How It Works Moving EAJA
from Temporary Legislation to Permanent Legislation The Financial Exemption
for 501(c)(3) Organizations President Regan's Rejection of EAJA's
Reauthorization Chapter 4: Success and Expansion of the Equal Access to
Justice Act After 1985 Expanding EAJA's Coverage and Reporting EAJA's
Successes Imitating EAJA Successful Users of EAJA Small Businesses Veterans
Social Security Beneficiaries Native Peoples Immigrants Exceptions: Cases
Where EAJA Does Not Apply Regulatory Shifts in the 1980's and 1990's
Further Amendments to EAJA Chapter 5: The Universe of the Eco-Crusaders The
Constellation of Environmental Advocates The First Generation: 1886 - 1936
The Second Generation: 1947 - 1970 The Third Generation: 1970 - 2000
Anthropocentric Versus Biocentric Man, and Deep Ecology The Secret World of
Animal Rights Chapter 6: Barbarians at the Gate: Saints and Sinners
Profiles of the Third Generation's Eco-Warriors: 1970 - 2000 Environmental
Public Interest Law Firms Conclusion to a Century of Change Chapter 7: The
Environmental Litigation Crisis The Endangered Species Act: A License to
Sue The Cost of Endangered Species Megafauna to Megalitigation:
Multidistrict Litigation The MDL: Courtroom Access for Special Interests A
Temporary Reprieve: How the MDL will Beget More Lawsuits An Answer to
Litigation-Driven Species Management: Cooperative Conservation Chapter 8:
Cooperative Conservation: Preempting Listings and Building Trust The Future
Challenge: An Exercise in Trust The Dunes Sagebrush Lizard The Lesser
Prairie Chicken The Greater Sage Grouse Cooperative Conservation and
Greater Sage Grouse Cooperative Conservation: An Endangered Future? Chapter
9: Abuses of the Equal Access to Justice Act: Endangered Species and Beyond
Armageddon: Litigating Solely to Delay Federal Agency Action Of Wolves and
Men: Using Litigation to Delay Delisting EAJA and Endangered Species:
Statutory Limitations on Attorneys' Fees Provisions 501(c)(3)s and the
Equal Access to Justice Act: America Foots the Bill Evading Pierce: The
Inflation of EAJA Fees The Prevalence of Settlements The Sue and Settle
Gambit: A New Phenomenon Rulemaking by the Courts and Environmentalists The
Cost of EAJA Chapter 10: Reforming the Equal Access to Justice Act Recent
Scrutiny of EAJA Congressional Scrutiny of EAJA Recommendations for Future
EAJA Reform 1. Restore reporting provisions 2. Ensure the award of
reasonable attorneys' fees 3. Make judicial intervention mandatory 4.
Strengthen eligibility requirements 5. Fees awards under EAJA should be
limited to $200,000 in any single case 6. Each prevailing party should be
limited to a total of three EAJA awards in any given year 7. Parties should
be statutorily barred from collecting multiple EAJA awards for the same
work 8. EAJA fees should be reduced in cases where parties utilize staff
attorneys rather than outside counsel 9. EAJA fees should be paid from
agency budgets, not the Judgment Fund 10. End no-fault litigation: Reverse
fee shifting should be available under EAJA A Time for Action Epilogue: A
New Beginning? Bibliography Appendix A: The Equal Access to Justice Act
Appendix A(1): The Equal Access to Justice Act After Passage in 1980
Appendix A(2): The Equal Access to Justice Act After Reauthorization in
1985 Appendix A(3): The Equal Access to Justice Act Today Appendix B: EAJA
Payments by the Department of Veterans Affairs, 2003-2012 Appendix C: EAJA
Payments by the Social Security Administration, 2004-2012 Appendix D: Model
Bill for Reform of the Equal Access to Justice Act Appendix E: Acronyms
Bibliography Author Biography