2009 House Bill 4189: Award costs to successful defendant in DEQ prosecution

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Introduced by Rep. David Agema (R) on February 6, 2009, to authorize the award of costs and actual attorney fees to a person who prevails against the Department of Environmental Quality in a legal action arising out of the department's enforcement of state environmental laws.
- Referred to the House Judiciary Committee on February 6, 2009.

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1) Re: 2009 House Bill 4189 (Award costs to successful defendant in DEQ prosecution ) by crazycajun on February 11, 2009

tort reform is sorely needed. "loser pays" is the first step to keeping frivolous lawsuits out of the courts.

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2) Re: 2009 House Bill 4189 (Award costs to successful defendant in DEQ prosecution ) by changeagent on February 11, 2009

I agree costs should be borne by all losing parties. This would be the best way to reform litigation.

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3) Re: 2009 House Bill 4189 (Award costs to successful defendant in DEQ prosecution ) by inform4 on February 11, 2009

[Y] I am all for this! The Michigan Department of Environmental Quality (DEQ) used heavy-handed sadistic tactics to abrogate and ignore the individual and property rights of a Richard Delene.

Mr. Delene had enhanced his Upper Peninsular wetlands and created an award-winning ecosystem for native plants and wildlife after properly applying for the permits in 1990. The DEQ never responded within the required 90 days. Mr. Delene then had the right by default to go ahead with his intended enhanced habitat for more than 150 bird and mammal species, which also created habitat for an additional 120.

In 1992 the state -- ignoring its law of requiring their 90 day response -- came down on Mr. Delene for not having a permit and demanded that his property be restored to its previous condition. Needless to say our tax dollars were used by the DEQ, the courts and other government entities to prosecute, tremendously fine and persecute Mr. Delene to the point of forcing him and his wife to flee Michigan to avoid arrest.

Where were our taxpayer fed elected officials during this on-going travesty of justice? Probably busy passing recognition of a state aerobics day, cheese day, or toothpaste day.

More than likely a malicious, “Big Brother” bureaucrat in the state or federal government is currently dreaming up a method to turn you and other law-abiding individuals into criminals. It is called, “your tax dollars at work" as well as “legalized plunder.”

sources:

Does Giving Government Unlimited Power Really Protect the Environment

http://www.mackinac.org/article.aspx?ID=3202

Destroying the Environment to Save It: The Sad Saga of Richard and Nancy Delene

http://www.mackinac.org/article.aspx?ID=3963

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