Re: SLAPP Suits

[Jeff Eichorst <myself@lanl.gov>]

That is certainly an interesting twist; and it could possibly benefit the
nuclear world.  However, I question the ethics behind such a move if it
would become misused.  Do we know what kinds of records the EPA is asking
for?  Tax records? Waste disposal records?  Proof of payment of parking
fines?  If TBAG is concerned about saving the environment, I would wonder if
they have any waste to dispose of, in which case, what jurisdiction does the
EPA have?
It seems that that would be a good way for the government to silence people
who have a legitimate concern as well as those that don't.  With that kind
of power, the government could pick and chose the lobby/special interest
groups that it wants to exist.

At 01:48 PM 9/11/97 -0500, you wrote:
>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
>
>
Jeff Eichorst
Occurrence Investigator
Los Alamos National Laboratory
ESH-7, MS K999, Los Alamos, NM 87545
505.665-6980		505.665-6977 fax
505.996-1117 digital pager,	myself@lanl.gov

"Conformity is the jailer of freedom and the enemy of growth."
	- JFK