EQUAL ACCESS TO JUSTICE ACT

This is the tenth part of "Felt Necessities: Engines of Forest Policy," a series of essays tracing the history of the conservation movement in the United States, and its influence on the nation's ever-shifting forest policy.

I've been trying for more than 20 years to interest the nation’s health care industry - including the American Lung Association - in this story. “Too controversial,” I was told, again and again. Such is the murderous influence of the “Don’t worry, it’s natural” crowd.

When cases are litigated misusing the intention of the Equal Access to Justice Act, the losses add up - whether the agency wins, loses, or the case is settled. Collateral damage  includes lost local and regional business activity, decline in community health, lost timber sale revenue, foregone and delayed work, and analytical and administrative costs the Forest Service must pay from public funds.