SLAP

Jim Blackburn has been an advocate for the Texas environment, and the coast in particular, for years. He recently sent an update on various issues including this one:

It's not easy being a landowner trying to protect your property rights. Recently, a bizarre legal action was filed by Jefferson County Drainage District #6 that should be of concern to anyone who files comments on Corps of Engineers permit applications. A suit has been filed against three ranchers for filing negative comments about a drainage project that required a Corps of Engineers permit. Just think about that for a minute - the agency asks you for comments on a permit that it is considering issuing and you make negative comments and you get sued. That is a sobering thought.

The suit filed in Jefferson County by DD#6 is a strange one that claims trespass and nuisance for writing comments, complains about interference with property rights by writing comments and complains about negligence in the preparation of comments. The suit fails to mention that we all have the right to petition our government for relief, particularly when given notice and the opportunity to write comments. In this case, the stakes are high. The drainage projects could cover the three ranchers' lands with additional floodwaters and could also endanger the McFaddin and Anahuac National Wildlife Refuges. The U.S. Fish and Wildlife Service has voiced concerns about these drainage projects as well.

In an attempt to protect their property rights and their civil rights, the ranchers - Bill White, Steven White and Laird Finch of Chambers County - have filed a lawsuit in federal court in Galveston. This suit claims that DD6's state court litigation violates their civil rights, including the constitutional guarantee of the right to petition their government to redress grievances. The suit asks the federal district court in Galveston to prevent the Jefferson County District Court from proceeding with that litigation.

This is an important case to landowners. Any of you who have ever complained to the government about the impacts of a government's action should watch this litigation closely. Nothing less than your ability to comment negatively about the government actions is at stake here.

This type of lawsuit is known as a strategic lawsuit against public participation, a SLAP. What is particularly egregious here is that it is a governmental entity that is attempting to limit oversight of its actions.