From HEAL Utah
Gov. Huntsman has until March 21st to veto House Bill 100, a bill passed by the Legislature that would severely restrict the ability of environmental groups–and any other non-profit–to use the courts to stop environmentally harmful practices by corporations or the government. Gov. Huntsman has hinted he may veto the bill because it impinges on the constitutional rights of non-profits, but he has yet to take decisive action.
Please take a minute to contact Gov. Huntsman and ask him to veto HB 100 and preserve the right of environmental organizations to access the courts. He alone has the power to prevent this legislation from becoming law. You can call the governor at (801) 538-1000 or send an email here: http://www.utah.gov/governor/contact.html.
Rep. Aaron Tilton (R-Springville) proposed HB 100 to seek revenge on environmental groups for winning a court order delaying construction of the Legacy Parkway. His vindictive legislation purports to prevent environmental groups from filing “frivolous lawsuits,” and requires organizations to post a bond to cover any costs of delaying a project–including lost profits, employee wages, construction costs and taxes–or face losing their right to do business with the state. These bonds could easily reach in excess of millions of dollars.
The truth is the bar is already set extremely high in our judicial system to prevent what Tilton deems as “frivolous” lawsuits. In order to be granted an injunction (a court order stopping a certain activity), an organization must first prove that irreparable harm will be caused if the activity in question continues, demonstrate that the harm to the public from continuing the activity outweighs the damage to the company from halting the activity, show that halting the activity will not adversely affect the public interest, and prove that it is likely to prevail on the merits of the case. It is at this point, after proving to a court that you’re likely to succeed, that Tilton’s HB 100 requires you to post a bond to cover the costs to the company of stopping the activity you have proven is harmful to the public.
If you feel everyone should have access to justice even if they don’t have access to millions of dollars, please contact Gov. Huntsman today and ask him to veto HB 100.
Gov. Huntsman should veto HB 100:
-limiting access to the courts for certain groups is clearly unconstitutional, and the bill could eventually cost taxpayers if the state has to defend its constitutionality.
-only after the bill passed did we learn that this legislation would cost taxpayers $110,000 annually to manage (see article)
-Dianne Nielson, Executive Director of Utah DEQ, has warned that the legislation would have a “chilling effect” on the public’s access to the courts.
-the U.S. EPA has sent a letter Gov. Huntsman suggesting Utah might not be able to comply with federal environmental laws under HB 100 (see article)
Thanks,
John Urgo
Outreach Director
HEAL Utah
68 S Main St, Suite 400
SLC, UT 84101
(801) 355-5055
john@healutah.org
Deanna Dee-Dee Taylor 