Government is paying lawyers to sue it

Sean Higgins:

For most people, an hourly wage of $125 would be an awfully good deal, especially in this economy. But President Obama and environmental groups are warning that it is not nearly enough for one group: lawyers engaged in Endangered Species Act litigation. They would prefer that these attorneys continue to get the $300 to $450 an hour they are typically paid now.

Who is paying these fees? In many cases, it is the taxpayers. That's because most ESA litigation is by private nonprofit groups against the federal government. By law, the government pays "reasonable" attorneys' fees if the claims hold up in court.

In other words, the government literally pays people to sue it. The costs add up, too. The Interior Department paid out more than $21 million in attorneys' fees to outside groups engaged in ESA cases between 2001 and 2010, according to a 2012 Government Accountability Office study.
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This is a racket.  Many of these suits are settled by the government before those who are effected are allowed to defend themselves.  It is a form of taking from private land owners without due process.