SLAPP Suits

[Al Tschaeche <antatnsu@pacbell.net>]

Hey people, note the exerpt below from RACHEL'S ENVIRONMENT & HEALTH
WEEKLY #563           .
.                   ---September 11, 1997--- 

U.S. Environmental Protection Agency (EPA) on August 15 ordered a
grass-roots citizens' group in Missouri to turn over all of its
records to the agency within five days or face penalties of
$25,000 per day until the records are produced.

In demanding the information from TBAG, EPA's Michael J.
Sanderson cited Section 3007 of the federal Resource Conservation
and Recovery Act (RCRA), which empowers EPA to gather information
from the files of toxic dumpers and major polluters.[1]  This is
the first time the law has been turned against citizen activists
trying to protect the environment.

By invoking the law, EPA is threatening to destroy the Times
Beach Action Group; TBAG is so small that even one day's fine of
$25,000 would bankrupt the organization.  EPA's threat represents
a new twist on the phenomenon known as SLAPP suits.

SLAPP suits are Strategic Lawsuits Against Public
Participation.[2] They are an increasingly popular tactic being
used by polluters in the U.S. to intimidate and silence citizens
who voice concerns about destruction of the natural environment.
The parties that bring SLAPP suits rarely win, but they tie up
outspoken citizens in expensive and frightening litigation for
years, thus deflecting effort and attention away from whatever
the citizens had been speaking out about.

Why can't we get the EPA to do similar things to the anti nuclear
groups?  For example, the Cassini probe issue should be a great one for
the EPA to go after.  If the antis know of things that the EPA should
know about, why doesn't the EPA issue a SLAPP suit?  Any other ideas for
such suits?  Al Tscaheche antatnsu@pacbell.net