Squire Boone: The correct response to Chevron being overturned is for every single environmental group to start filing millions of lawsuits, right now, today, arguing that various regulatory decisions didn't go far enough. Absolutely flood the zone.

The correct response to Chevron being overturned is for every single environmental group to start filing millions of lawsuits, right now, today, arguing that various regulatory decisions didn't go far enough. Absolutely flood the zone.

Just take every public comment period submission by Greenpeace or Ducks Unlimited or literally any one that the EPA hasn't fully implemented and demand the courts rule. File everything in the 9th circuit. Play their game.

Just log jam the court system. Denial of service attack it. Everywhere. Fundraise that this is explicitly what you are doing.

Fundraising is the linchpin to this scenario because NGOs simply cannot outspend corporations. David and Goliath asymmetry in regard to legal budgets. How do you craft that message to sustain the flood of suits?

We're not going to know if it resonates until we try, will we? Maybe we can get a sponsor or three

Or you find a lawyer in the Ninth Circuit with a degree in Environmental Science and a whole lot of time who doesn’t mind waiting to get paid. Either one, really.

Apparently he doesn't even need to wait, we can just have Greenpeace buy him an RV.

You don't need to outspend though. You just need enough to keep your own lawyers in court and filing briefs. And activists tend to get their lawyers for a fair bit cheaper, because they don't have to pay the tax of crushing their counsel's soul.

Also, wouldn't the defendants in this matter be the Government, and not the Corporations, because if I'm reading this idea correctly, it would be environmental NGOs suing the administrative state (EPA) for not doing enough.

Correct! I'd imagine that in this scenario corporations would file heck-loads of amici, but that's not the same as having them as defendants.

There are thousands of talented under-employed advocacy comms people (waves hand) who would give their eye teeth to work on crafting great messaging for a campaign like that.

Unfortunately, this is exactly what Republicans want. They want our system of government to grind to a halt. They don't want it to work. Asymmetrical warfare.

(bonus points if you can work in a right-of-center advocacy group's public comment material)

One place where that might demonstrate equivalence to the conservative tactic of filing everything in Amarillo to get Matthew Kacsmaryk would be to file in Eugene, Oregon. Two judges (one of them on senior status), two magistrates, all Democratic appointees. Thing is, all of them are actually FAIR.

"Thing is, all of them are actually FAIR." At this point, this is a downside. We need hacks

There is simply a hack gap in the judiciary, and other fields too

The 9th circuit is not good now. Barely more D appointed than R

Better than the fifth!

I mean you're definitely not wrong but you can get very bad results out of the 9th depending on the panel. They issued an awful opinion in a building decarbonization case, e.g. (Not necessarily the worst of all possible examples just one I know well)

That's why you just keep filing them, appeal every ruling, etc. Make it so the court docket is full until 2047

It’s the Fourth now.

I agree with you but also is Ducks Unlimited a real org, and if not who wants to start it with me

'Ti's! Hunter friend who got tired of the NRA supports them

Ducks Unlimited FTW!! 😂🦆😂🦆😂

Ratio'd (complimentary) maybe I got an idear heah.

Hit the like button in the screenshot 3 times before I figured out why it wasn’t working lol

Here: action.nrdc.org/donation/260...

Defend Our Environment by Supporting NRDCaction.nrdc.org Your gift will help save wildlife and wild places by fueling some of the hardest hitting court cases and campaigns in defense of our planet.

I donate to NRDC every year. Have they announced that they’re going to do this specifically, though? I’m willing to increase my donation.

If a woman can make up a gay couple to want a wedding website built when there is no gay couple and she’s never built a website, I’m pretty sure that environmental groups can file cases with far more standing based on what corporations have actually done.

But that violates the spirit of fair play! Democrats can’t do that!

This isn't a party leadership thing, though, this is just advocacy groups taking the *obvious and correct path* under the current regulatory scheme that *the conservative majority insists is the fair way to play*.

Fun part about this approach is that every elected Democratic official can ruefully shake their head at a reporter and say, "Regrettably, I believe a functional regulatory state is something we should have, but our friends across the aisle disagree, so..."

“Jane Johnson believes government should strangle small business with regulations. Vote Tim Whiteguy for a country that encourages business by cutting red tape.”

“Gosh, Mr. Reporter, isn’t this what conservatives wanted when the 5th circuit became a rubber stamp for end runs? If that’s the way we have to function since SCOTUS denied us a strong executive agency, then I guess judges better get comfortable seats for long seasons... hm who approp’s for that?”

The fact that this plan has nothing to do with dem leadership is a strong argument that it will work

This is basically why the EPA came into existence to begin with - corporations wanted to stop the lawsuits headed their way.

Funnily, this is more or less how Chevron came about in the first place!

Neoreactionaries always forget their history, it is how they can be defeated.

I think this is a good idea, but its worth being aware that it's already been end-run in that nuisance litigation and forum shopping for *good* things is already being treated as criminal misconduct. www.reuters.com/legal/govern...

Alabama judge to weigh sanctioning LGBTQ lawyers for 'judge shopping'www.reuters.com Eleven attorneys involved in LGBTQ rights litigation must appear before an Alabama federal judge beginning on Monday to determine if they should be punished for attempting to steer to other judges their challenge to the state's ban on gender-affirming medical care for transgender youth.

At the state level :)

Federal court judge shopping has already been decided as okay... by... ... the Republican party! www.brookings.edu/articles/eff...

Effort to curb judge-shopping at the federal courts explained | Brookingswww.brookings.edu Brookings Nonresident Senior Fellow Russel Wheeler explains federal courts' recent moves against judge-shopping.

Probably won’t stay that way long if this plan were implemented, but jurisdiction shopping is bullshit anyways, so not an argument against going for it like you proposed

I will take a draw on this one for certain

and if forced to do something about federal judge shopping it would stop the bullshit the conservatives pull with Kacsmaryk. so it's win/win tbh

This is a cause I'd support financially.

*exactly* Let the floodgates open!

Ring out, wild bells!

This should also be done for any new federal law or regulation that the billionaires want to appeal in Texas… Sorry 5th Circuit, but that suit is being combined with one filed an hour earlier in the 4th Circuit. Too bad about your time zone.

That's an excellent pincer move, best paired with a Biden admin decision to disregard the opinion and ramp up enforcement immediately.

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