Environmental activism goes green, (as in $$$= green)

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#1 January 8, 2010 - 8:01am
Chuck Gould

Environmental activism goes green, (as in $$$= green)

One of the local environmental advocacy organizations (name withheld for a variety of reasons) is now pursuing a course of action that directly threatens the sport of recreational boating.

The group is sending out notices of "Intent to File a Law Suit" to randomly selected area boatyards, demanding that the boatyards supply the group with SWPPP (stormwater parts per million) data concerning the amount of copper contained in the rainwater discharges from the boatyard parking lots and work areas. (It's interesting that the group doesn't seem to have this info before threatening to sue). The notice of intent to file a law suit also, (according to my source at a local boatyard) "charges them with violating just about everything in the NPDES permit- sort of a shotgun approach."

Five Seattle area boatyards were served just before Christmas.

According to my source at a local boatyard, "historically they settle for $35,000 to $75,000 plus attorney fees and only rarely do they drop the threat without settlement. The group can't receive the funds directly, but they suggest an organization that would benefit from the settlement money."

Talk about a situation rife with ethical peril! Approach a small family business, like a local boatyard, and threaten them with a lawsuit that would cost several hundred thousand dollars to defend *unless* the boatyard contributes $35,000 to $75,000 to an organization designated by the environmentalists. (Plus attorney fees (for both sides, of course), so the local boatyard will be lucky to get off the hook for less than $50,000 to $100,000 or more). If you're on the board of an organization that needs some money- just take a seat on the board of this environmental extremist organization and go after the boatyards. The environmental extremists can scare the boatyards into coughing up $100,000, which the extremists will then "suggest" can be directed to your particular non-profit.

Worst of all, this tactic of "We're going to sue you unless you pay us off" doesn't really address the environmental issues that are the (supposed) basis for the lawsuit. Nothing prevents the group from going back to the same boatyard a year or two later and threatening again to sue (over what could be even a nit pick violation).

Recreational boaters can be sure the costs of these "donations" to organizations selected by the environmental extremists will show up in our boatyard charges. We can be sure that eventually this sort of harrassment will force a good many boatyards out of business, making it far more difficult for us to pursue our recreational pastime.

We should applaud responsible and reasonable efforts to care for the environment. Using environmental regulations as a fig leaf for fund rasing tactics that could be considered extortionate deserves no applause at all.