excessive litigation under the Endangered Species Act has become an obstacle to the act itself and the good it promises to do for the American people. According to the Department of Justice, more than 500 Endangered Species Act-related lawsuits have been filed or opened against the Federal Government since 2009. As a result, Federal agencies have to spend their time, their energy, and taxpayer-funded resources fighting lawsuits instead of protecting endangered species. One of the primary reasons for this excessive litigation is the potential for massive awards of attorney's fees under section 11(g)4 of the Endangered Species Act. These awards can be granted regardless of whether the parties seeking the attorney's fee award prevails, and there is no limit on the hourly fee that can be collected. These attorney's fees can reach upward of $700 per hour. In one case involving a series of lawsuits related to the operation of hydroelectric power facilities in the Northwestern United States, attorney's fees were awarded in an amount totaling nearly $2 million-- in one case lasting just a few years. Such lofty levels of compensation would be high even in a private law firm setting, even in a big city, but they are completely indefensible when one considers they are paid for by American taxpayers, often to well-funded activist organizations.…
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