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Resilient Federal Forests Act of 2015

Floor Speech

Date: July 9, 2015
Location: Washington D.C.
Issues: Environment Legal

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Mr. Chairman, impartial justice and access to
the courts is a right guaranteed to every citizen in this country.

Across the street from this Chamber, Lady Justice sits blindfolded on
the steps of the Supreme Court so we can all be reminded that justice
should be blind. Today, we are debating yet another Republican bill
restricting access to the courts to only those with deep pockets.

H.R. 2647 continues the alarming trend of Republican-sponsored
legislation that proposes to limit the average American's access to the
courts so polluters that line the pockets of politicians with campaign
contributions can continue to profit.

H.R. 2647 requires that a citizen post a bond prior to challenging
the United States Government's forest management activities. This bond
must cover all the defendant's anticipated cost, expenses, and
attorney's fees to be paid if the defendant prevails. In the rare
occasion plaintiffs are successful, they will only be able to recover
the amount posted in the bond and only if they win exactly on all
counts. The government, however, does not have to cover any of the
plaintiff's costs.

Requiring the posting of a bond that could be as costly as tens of
thousands of dollars undermines citizen access to the courts when a
party believes the government failed to follow the law.

The individual consumer, nonprofit organizations, small business, or
public interest groups do not have the financial ability to challenge
large corporations or, more often, the Federal Government which
citizens believe is harming their communities or environment. By
allowing citizens to recover their reasonable legal fees when they file
suit and win in court, you encourage Americans to participate in public
discourse and to hold the government accountable.

Rollbacks to judicial review and imposition of attorney's fees upon
plaintiffs, along with legislative interference with key judicial
powers contemplated in H.R. 2647, cripple the ability of those
concerned with environmental protection to seek representation and
redress in the courts.

I urge my colleagues to vote ``no'' on this bill.

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