Generally, environmental statutes that have "citizen suit" provisions also provide for the governmental agency being sued to cover court costs...but not necessarily all of them.

Also, almost any settlement that comes after lengthy (i.e., expensive) negotiations, especially if they've been at all contentious, comes with attorney's fees.

It's a double edged sword. It's intent is so that if the government is not following the law, regular folks can step in and make them stop without having to worry about how to pay for it.

In lots of cases that's a good thing. It adds incentive to the government to follow the laws, and encourages suing them if they don't.

In other cases, it's not so good. Sometimes an agency is flat out unable to comply, and it taxes their already limited resources.

All in all, I agree with attorney fees provisions. They err on the side of the law being followed.

Fish on...

Todd.

If it's frivolous or the plaintiffs lose, no government money pays for the plaintiff. They still have their own costs, unless it's really frivolous, in which case the plaintiff may end up paying for the government's case, too.

Fish on...

Todd.

WT is doing fishermen a big favor by preventing hatchery programs that damage wild fish and ultimately do little for harvest. Allowing habitat loss and replacement with hatchery fish is a dead end for all !!!

In the long run, fishermen are best served by supporting the WT lawsuit. It need not be elimination of hatcheries, but it should result in refinement.

Fair Hooker,
WT is no freind to sportfisherman.
But they are good freinds with Bonneville Power Administration, S'Klallam Tribe,and the Yakima Nation. So by the looks of things WT has decided that Dams and nets have no impact on wild fish.

Tood, If I understand you correctly the state pays for most of WTs legal fees. If that is correct, then I think we have a long term problem here. My previous post about cutting off their funding will never work. Nobody but the state can stop them if the state pays their bills.

This situation is very much similar in principle to Tim Eyman and his mooching off the state initiative system. He bribes the tax payers with tax cuts so he can keep making a fat living leeching off the initiative system.

WT is making a living by suing the state. They will continually sue the state over whatever their lawyers can dream up and then say they are doing it to help the fish. I think their motives are mainly self serving here.

If they were about helping the fish why not sue somebody that does real damage (ie dam operators, logger developers, industrial fishing, polluters, etc)?

What can we do as sportspeople to stop self serving outfits like WT?

What can we do as sportspeople?? Write to your legislators and WDFW and let them know that you oppose Washington Trout's lawsuit and expect them to vigorously defend against it. Some in Olympia are already laying plans to oppose this radical lawsuit.

All you steelheaders need to pay attention too as this applies to hatchery steelhead and not just Coho.

GET MAD and GET INVOLVED!!

Don't forget, Geoduck, that to get the State to pay their legal costs, all these things must happen;

1. WT files a lawsuit
2. WDFW is violating the law
3a. WDFW loses at trial, or
3b. WDFW and WT settle, and WDFW agrees to pay some or all of their costs.

In most situations, WDFW has to be breaking the law to pay legal costs for someone else. There's not really any excuse for breaking the law...that's why citizen suit provisions exist in environmental statutes.

Fish on...

Todd.