ON APPEALS AND SUITS

    The Environmental Action Committee was created to select a few important proposed actions involving the environment, and to follow these to a conclusion. This includes appealing decisions which are environmentally unsound, and instituting suit to cancel or reverse a decision. The Action Committee has followed this course in several instances.

    There has always been cooperation between the Action Committee and the Environmental Council. This, plus the many problems inherent in legal action, means that ECVF itself will probably not institute action, although it has never been ruled out. However, because it may be necessary to provide data on a problem area, and because there is some possibility of a suit against ECVF, it is necessary to take some steps regarding such legal actions.

    A fundamental factor is that it is necessary to prove "standing" which really means that a legitimate interest exists. This can be based on a long standing policy, on a series of consideration of a particular matter, and others. A key here is the ability to provide records of considerations, studies and actions.

    Another factor is that the action must not be frivolous, but is based on realities of importance. These can be factors of fact, or factors of law. Factors of law should be handled by a practicing attorney versed in environmental law. The ECVF has always tried to base its actions on the facts of the matter, although this is not a written policy, just a practice. Accordingly, the expectation is that the major activity of the ECVF will be the gathering, understanding and documenting the facts of the matter, their meaning, and their importance.

    (The facts developed can also be the basis of presentations to elected officials, staff, and to member and other groups. They may be in the form of reports, presentations, inter-net postings, etc. If there is no adopted policy regarding the matter, they must be reviewed with the board of directors, and also the membership, as appropriate).

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