SB 86: Eroding the Public's Ability to Challenge Poor Government Decisions
NEWS: (5/8/06) SB 86 was heard in House State Affairs Committee on April 27 and failed to move
from committee thanks to the no votes of Rep. Gatto, Rep. Seaton and Rep.
Gruenberg. The measure traveled quickly through the Senate last year and then
sat quietly for months in the House this session until recently.
Sometimes poor government decisions and actions leave the public with no recourse but to file suit. Currently, courts can award groups suing in the public's interest full attorney's fees when they prevail. This helps groups recover most of the cost of bringing the suit, and is an important way that the Alaskan public's interest is protected.
HB 117 and SB 86, introduced by Governor Murkowski, would decrease this reimbursement to 20-30%, effectively closing the door to many would-be public interest litigants (PILs). Notably, when the courts rule in favor of a public interest litigant, by definition that means the government broke the law.
What You Can Do: Contact your legislator to tell them you oppose HB 117 and SB 86, and that you believe groups which sue on your (the public's) behalf should be awarded full fees when they prevail.
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Current Status: SB 86 - Passed Senate,
now in House State Affairs
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