This West Is OUR West

Congress called on to address litigation abuse

Wisconsin State Farmer

May 24, 2017

 

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(Photo: USDA)

WASHINGTON - If family ranching operations and rural economies are going to survive another generation, Congress must address the problem of so-called “sue and settle” abuse.

That’s the message that Darcy Helmick, Land Manager for Simplot Land & Livestock, stressed to Congress in subcommittee testimony last week.

Helmick testified before the House Committee on Oversight and Government Reform, Subcommittee on Intergovernmental Affairs and Subcommittee on the Interior, Energy, and Environment during its hearing to examine how environmental advocacy groups and federal agencies regulate through consent decrees using citizen lawsuit provisions in environmental laws, which is known as “sue and settle.”

“In my extensive experience dealing with the federal grazing system and western land use in general, offensive litigation tactics by outside activist groups have served to totally derail business operations,” said Helmick. “While it is critical that we maintain the right of citizens to litigate when necessary, reform is needed to prevent that right from being abused or exploited.”

It is critical that permitted public lands users have a role in any settlement agreements, and that federal employees at a local level have input, Helmick said. She added that while unreasonable timelines have become the norm, once imposed during settlements, they are rarely reached.

“The repercussions of the missed timelines heavily impact the permitted public lands users and result in a level of uncertainty that is prohibitive in any business environment. Unfortunately this is often the goal of these litigants,” said Helmick.

Helmick concluded her testimony by explaining how the sue and settle tactics used by radical environmental groups also serve to limit young producers from entering the industry, which will inevitably lead to further erosion of the footprint of ranching in the West.

“As a fourth generation cattle producer it is in my blood to continue with my family business,” said Helmick. “As my parents age and need more help, my brother and I are working with financial advisors on how to transition the business. How does one budget for litigation, how does one calculate the expense of the stress and time used to work through litigation?” she asked.