Environmental Impact Litigation Act Exposed

Model Bill Info
Bill Title	Environmental Impact Litigation Act
Date Introduced	July 23, 2015
Date Finalized	September 4, 2015
Date Accessed	May 2, 2018
Type	Model Policy
Status	Final
Task Forces	Energy, Environment and Agriculture
Keywords	Environment, Energy

Summary

This policy would create a state environmental impact litigation fund and an advisory committee. Expenses the fund can cover include consulting fees, research costs, expert witnesses, attorney fees, and travel costs. The advisory committee, chaired by the Commissioner of Agriculture, shall review federal environmental legislation and regulations that detrimentally impact (or have the potential to detrimentally impact) the state’s agricultural or energy production sectors and confer with the Attorney General to develop an administrative or judicial response regarding such legislation and regulations.

Environmental Impact Litigation Act

Section 1. {Environmental Impact litigation advisory committee.}

• The environmental impact litigation advisory committee shall consist of:
  1. The Commissioner of Agriculture, who shall serve as chairman;
  2. The Governor or the Governor’s designee;
  3. The majority leader of the House of Representatives, or the leader’s designee;
  4. The majority leader of the Senate, or the leader’s designee;
  5. {Other individuals representing agriculture and energy trade associations and other organizations}.

• The committee shall advise the Commissioner of Agriculture with respect to expenditures from the environmental litigation fund.

Section 2. {Environmental impact litigation fund.}

(1) The environmental impact litigation fund consists of:

1. Any moneys appropriated or transferred for the purposes set forth in this section; and
2. Any gifts, grants, and donations forwarded to the Commissioner of Agriculture for the purposes of this section.

(2) Moneys in the environmental impact litigation fund may be used, subject to legislative appropriations, for any expense incurred in consideration of, the pursuit of, or the participation in administrative or judicial matters, including litigation, pertaining to:

1. Exempt and nonexempt activities governed by section 404 of the Clean Water Act [33 U.S.C. 1344] or by regulations implementing section 404 of the Clean Water Act;
2. Any potential detriment to the state or industries operating within the state as a result of governmental interpretations pertaining to the Clean Air Act of 1970, as amended, [42 U.S.C. 7401, et seq.] or any regulations implementing the Clean Air Act;
3. Any potential detriment to the state or to industries operating within the state as a result of governmental interpretations pertaining to the Endangered Species Act of 1973, as amended, [16 U.S.C. 1531, et seq.] or any regulations implementing the Endangered Species Act;
4. Any potential detriment to the state or to industries operating within the state as a result of governmental interpretations pertaining to the Safe Drinking Water Act, as amended, [42 U.S.C. 300f, et seq.] or any regulations implementing the Safe Drinking Water Act;
5. Any potential detriment to the state or to industries operating within the state as a result of governmental interpretations pertaining to the Toxic Substances Control Act, as amended, [15 U.S.C. 2601, et seq.] or any regulations implementing the Toxic Substances Control Act; and
6. Any potential detriment to the state or to industries operating within the state as a result of governmental interpretations pertaining to any other federal law or tribal law, or to any regulations implementing such a law.

(3) For purposes of this section, “expenses” include consulting fees, research costs, expert witnesses, attorney fees, and travel costs.

Section 3. {Special Authority to expedite approval of resources to challenge EPA’s Clean Power Plan}

• This legislature finds that EPA’s final Clean Power Plan interferes with the sovereign powers of this state to regulate electricity within its borders and to ensure a reliable and affordable supply of electricity for its citizens.

• Due to the onerous obligations the Clean Power Plan now is and will impose on the state, it is urgent that the Attorney General be granted resources to take part in timely litigation and to the extent possible, to join with Attorneys General from other states to legally challenge the Clean Power Plan to prevent unlawful and costly obligations from being imposed on states, electricity providers, businesses and citizens.

Section 4. {Appropriation and Transfer.}

(1) There is hereby appropriated out of any moneys in the general fund in the state treasury, not otherwise appropriated, the sum of {dollar amount} or so much of the sum as may be necessary, which sum the office of management and budget shall transfer to the environmental litigation fund, for the purpose of funding environmental impact litigation and related activities, during the biennium beginning {date} and ending {date}. The {Office of Management and Budget} shall transfer funds under this section at the time and in the amount directed by the Commissioner of Agriculture.

• Due to the special circumstances and the significant harm the Clean Power Plan will cause this state, by passage of this legislation, the members of the environmental impact litigation advisory committee recommend that the Commissioner of Agriculture direct that the amount of {dollar amount} be immediately transferred to the environmental impact litigation fund.

 

Approved by ALEC’s Energy, Environment, and Agriculture Task Force at the ALEC Annual Meeting on Thursday July 23, 2015 and Friday, July 24, 2015. Approved by ALEC Board of Directors on September 4, 2015.