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| The Public's Right to Protest, After a Fee Is Paid? |
| In a move that would stifle public participation, Texas House member Sid Miller introduced two bills during the most recent session complicating the public process to file a complaint against and to protest permit renewal for a Concentrated Animal Feeding Operation (CAFO). HB1357 requires that a person pay a $30 deposit at the time of filing a complaint against the permit holder of a CAFO. The money will be returned to the individual only if the commission determines the complaint is not frivolous and intentionally filed to harass the permit holder. The money not returned would be used to investigate other complaints. HB1358 requires that an individual must file a written notice with the commission and CAFO permit holder if they intend to protest the amending or renewal of a CAFO permit. The bill goes on to require a discovery period of evidence, but if the permit is renewed or amended by the commission the individual who files the protest would be required to pay "reasonable attorney fees." Beyond the ambiguity of what is reasonable and what the commission may consider as harassment, the bills were clearly introduced to intimidate citizens and hinder them from filing complaints against facilities known for their extreme environmental destruction. Although the bill's sponsor may have good intentions, it is clear he is willing to protect a narrow, controversial special interest and compromise citizens' rights to protect their environment. |
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more information about SERC, or to use our services, contact our national
headquarters at:
State Environmental Resource Center
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]
106 East Doty Street, Suite 200 § Madison, Wisconsin 53703
Phone: 608-252-9800 § Fax: 608-252-9828
Email: [email protected]
