The American Lung Association and other NGOs sue the EPA and the EPA awards them grants.
You might wonder if that stinks?
Today from the National Center for Policy Analysis (NCPA) I got a very nice referral to an Andrew Grossman Heritage Foundation monograph on collusive lawsuits.
How they work and why they are a fraud on the courts.
Jane Orient of the American Assoc. of Physicians and Surgeons (AAPS) asked me to write about collusive lawsuits for their journal, I told her about the Sandler and Shoenbrod book Democracy by decree: what happens when courts run government Yale University Press 2003, so I have been getting ready to do a book review of this old book and a review of the issue for their journal.
Then John Goodman’s web site for National Center for Policy Analysis (NCPA) put up a nice intro to the Andrew Grossman article for Heritage Foundation.
http://www.ncpa.org/sub/dpd/index.php?Article_ID=24184&utm_source=newsletter&utm_medium=email&utm_campaign=DPD
Regulation through Sham Litigation: Sue and Settle Phenomenon by Andrew Grossman
http://www.heritage.org/research/reports/2014/02/regulation-through-sham-litigation-the-sue-and-settle-phenomenon
Now let’s get real here, this US EPA and enviro collusion is known to the judges, who are complicit in the fraud because they want to be legislators and oligarchs. They end up approving settlements that satisfy their preferences on policy making, in this case environmental policy making and regulations. They shut out anyone who might be a proposed intervener from the affected parties, or they don’t allow the interveners to impact the settlements they cobble together.
Trouble is it violates the constitution in a basic way–the courts are supposed to, under the provisions of the 3rd Article and certainly in the traditions of Anglo American law–decide cases in controversy, not faux controversy, which misrepresents the positions of the parties for a subversive goal of achieving a court ordered or approved ruling.
The EPA enters into collusive arrangements that allow two allegedly opposing parties to work out a deal where the parties who may have an interest (business, industry, citizens) are not even allowed to participate.
This is the ultimate cheating since it allows a form of legislation by agencies, NGOs and complicit Federal or State Judges.
If you or I went into court with a collusive lawsuit, a judge could smell it a mile away, but in the case of enviro collusive lawsuits the Judges are part of the fraud–they know what is happening and since they were educated to believe that the EPA can do no wrong when it regulates the hell out of industry and business to supposedly save the planet–the judges wink and nod and collude, and its no different from criminal court judges barring prosecution of well-heeled criminals who contribute to campaigns and political parties to grease the skids. They violate their oath to administer the law ethically and according to the law.
Think about it and take a deep breath–fixing it requires courage and Republicans aren’t courageous enough, nor are the business and industry people.
The Lawyers on both sides of these collusive lawsuits are making their billables. The Lawyers who should be intervening are feckless or waiting for business and industry to demand that something be done.
This is just like the Chicago or some other big city criminal court system corruption scandals–but it is a systematic and accepted perversion of the courts and the law.
HERE’S HOW THEY JUSTIFY IT–LYING FOR JUSTICE. They figure a little cheating to save the environment–what’s the problem–the ends justify the means.
IT GOES BACK TO WHAT WE HAVE MENTIONED YESTERDAY AND TODAY. FACILITATORS POPULATE THE HALLWAYS OF DC AND STATE GOVERNMENT AND THE MEETING/HEARING AND CHAMBER AND COURTROOMS.
They also funnel the lubricants that make for successful collusive litigation–money to campaigns.
In many states judges stand for office–in Federal Courts politics can be a big factor, all the way to the Supremes.
Do you think the consistently bad behavior of the 9th circuit is an accident? Or do you think it an accident that you can always count on 4 justices of the SCOTUS AND THE DEMOCRATS IN THE SENATE AND HOUSE TO VOTE IN LOCK STEP, with only rare exceptions.
Well, if enough people not of the leftist cabal sued and enough of them won, the government would not have anything to settle with.
Would they?
In any fair system of government, the perpetrators would be charged with embezzlement, conspiracy and extortion.
Don’t expect the justice department to do anything soon with Eric Holder in charge.
Chief Justices are the only members of the federal government that are not subject to any outside oversight, are not elected, and once seated cannot be fired by any elected official. They decide which laws get to stand, and which policies get enforced.They never answer to the public. They are never asked to justify themselves. Their word is literally law.
If there is such a thing as a “shadow government”, the Supreme Court fits the bill.
I know it stinks. The EPA is the largest supporter of the ALA and when they changed the propellant in inhalers and I requested support from the ALA as a long time asthma suffer, all I got was an email that said they support the environmental measures of the EPA. I told them to never expect any money from me.
This is why our group has backed taking the money and power from DC and putting it back in the 50 State Legislatures hands. The EPA and the associated agencies are all in bed with providing legal bribe extortion money. They ask the E=GREEN groups to sue the Agencies, the agencies then negotiate a settlement – they then pay damages to the E=GREEN and then institute the court agreement to change the rules and regulations.
The tax payer is paying the bills and then suffering usurped limits that have the appearance of lawful acts. They are in fact the result of a RICO type violations – they conspired to limit or remove protections of property.
http://articlevprojecttorestoreliberty.com/advocacy—article-v.html