ADVERTISEMENT



Google       

Home -> Law Blog Directory -> Environmental Law Blogs -> Environmental Law in Washington State

OR PHONE (866) 635-1838 for Bankruptcy Help, (866) 635-6190 for Divorce,
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense

Find a Local Lawyer

Bankruptcy (866) 635-1838
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402

Bookmark

Environmental Law

: Environmental Law in Washington State

Grossly Abuse The Judicial Process, Don't Get Hit With Costs Or Fees

ADVERTISEMENTS
In a decision released today, the US Court of Appeals for the Ninth Circuit begins its opinion with the following.
This case represents a gross abuse of the judicial process. Just when Defendants-Appellees United States Forest Service and Joseph P. Stringer (USFS), and Intervenor-Defendant Arizona Snowbowl Resort Limited Partnership (ASRLP) had successfully defended an agency decision to allow snowmaking at a ski resort on federal land all the way to the United States Supreme Court, ?new? plaintiffs appeared. Represented by the same attorney as the losing parties in the first lawsuit, the ?new? plaintiffs?who had closely monitored and, in some cases, actively encouraged and helped finance the first litigation?brought certain environmental claims that were virtually identical to some that the attorney had improperly attempted to raise in the earlier lawsuit, for no apparent reason other than to ensure further delay and forestall development. Years had passed since the original proposal had been made. According to the record, ASRLP, which operated the ski resort, faced a looming prospect of financial ruin without the ability to proceed with the plan to produce snow. Neither fact deterred the ?new? plaintiffs? lawsuit. Nor did the meritless nature of their claims under the National Environmental Policy Act (NEPA), 42 U.S.C. §§ 4321 et seq., and the Administrative Procedure Act (APA), 5 U.S.C. §§ 701-706.

Nevertheless, it ends with:

the Save the Peaks Plaintiffs? request for reasonable
fees and costs is denied.


If it is a gross abuse of judicial process, punish it by requiring plaintiffs to pay defendants their costs and attorney fees. If it doesn't merit that punishment, maybe one shouldn't call it a gross abuse of judicial process. The case is SAVE THE PEAKS COALITION v. USFS, 10-17896.

Full post as published by Environmental Law in Washington State on February 09, 2012 (boomark / email).

Bloggers, promote your law blog by nominating your blog for inclusion in USLaw.com's Law Blog Directory and RSS Reader. Benefits described.
Related Law Articles

Lawsuits and Settlements

Related Searches

























































































































US Law
#1 Online Legal Resource













Your Blog Subscriptions
Subscribe to blogs

10,000+ Law Job Listings
Lawyer . Police . Paralegal . Etc
Earn a law-related degree
Are you the author of this blog? Adding USLaw.com to your Blogroll increases relevance. You qualify to display a USLaw Network badge.
Suggest changes to this blog's description or nominate another for inclusion. Register for updates.


Practice Area
Zip Code:

Contact a Lawyer Now!






0.0115 secs (from cache 10/31/26 03:55:16)