Political Quotes

On the recordJune 28, 2013
Mr. Chairman, I rise in strong opposition to this amendment. To begin with, this amendment creates a major obstacle for parties such as States, municipalities, local entities, and nonprofit organizations from challenging unsound licensing decisions in the courts. It does this by requiring the losing side in these disputes to pay the legal costs, not just of the prevailing party, but for every intervening party as well. Just imagine what this would mean. How could a local beach community risk bringing an action knowing that it may have to pay for its own legal costs, let alone the legal costs of all of the parties in the case, which could include some of the Nation's largest oil and gas producers. Without question, this draconian cost-shifting regime will have a chilling effect on the right of individuals, municipalities, and nonprofit organizations to challenge licensing decisions that could have devastating effects on their communities. Sure, the provision allows the losing party to argue that its position was substantially justified or that special circumstances make such an award unjust, but even meeting that standard could require extensive litigation. This savings provision offers the tiniest of fig leafs. It is clear that the real intent of this provision is to ensure that only the wealthiest members of society will be able to litigate these issues. Second, this amendment is not necessary.…
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Hank Johnson
Democratic · Georgia

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