1. Earthjustice Legal Foundation (a public interest, nonprofit legal foundation)
representing Defenders of Wildlife, Sierra Club, The Wilderness Society and
Vermont Natural Resources Council has filed an application for attorneys fees in
a single case that took 1 year and 3 months to complete for a total of $279,711.40.

For that same suit, Western Environmental Law Center (also public interest
nonprofit legal foundation) representing Citizens for Better Forestry,
Environmental Protection Information Center, Center for Biological Diversity,
Wild West Institute, Gifford Pinchot Task Force, Idaho Sporting Congress,
Friends of the Clearwater, Utah Environmental Congress, Cascadia Wildlands
Project, Wild South, Klamath Kiskiyou Wildlands Center, The Lands Council,
Forest Service Employees for Environmental Ethics, Wild Oregon, and Wild
Earth Guardians filed an application for attorneys fees for $199,830.65. Thus in
TOTAL, the nonprofit, public interest environmental plaintiffs are requesting
$479,242.05 for a single lawsuit lasting 15 months. There were 7 attorneys
representing these nonprofit public interest organizations who charged between
$650.00 per hour and $300.00 per hour. These 7 attorneys claimed to have
spent 930.05 total hours on the litigation. This was the case where the
environmental groups sued the Forest Service over their Forest Service land use
planning regulations in 2008. The judge has given the plaintiffs and the Justice
Department representing the Forest Service 45 days to settle on the payment of
attorneys fees. There were no intervenors from “industry” or other groups
involved in the litigation. The case was resolved on the administrative record and
motions for summary judgment; there was no evidentiary trial. After the Forest
Service lost the case in the Federal District Court for the Northern District of
California, the Justice Department withdrew the regulations and did not appeal
the case. Thus, the total attorneys fees and costs of $479,242.05 only represent
work before the Federal District Court.

2. On September 14, 2009, the WildEarth Guardians sued the Federal Emergency
Management Agency (“FEMA”) for issuing 16,734 insurance policies to private
landowners for private structures worth approximately 2.7 billion dollars. In that
litigation, the WildEarth Guardians have requested that the federal district court
stop FEMA from issuing any insurance policies for any structure on any flood
plain that is within the geographic range of any threatened or endangered
species. One day later, the same group filed the same lawsuit against FEMA in
Arizona relating to the issuance of 35,801 policies insuring structures on private
property worth approximately 7.7 billion dollars. That litigation also requests the
court stop FEMA from ensuring any structures on any flood plain that is within
the geographic range of any threatened or endangered species. It is important to
understand that it would be impossible for WildEarth Guardians to sue the
individual landowners for building these structures on their private land unless
WildEarth Guardians could prove that the construction actually resulted in the
death of a species listed as threatened or endangered under the Endangered
Species Act. That has not been alleged in this case. Thus, the environmental
group is seeking to stop private land use by stopping landowners from getting
insurance for legally built structures.

3. According to the Internal Revenue Service, in 2007, the top ten executives for the
environmental organizations reported the following salaries and benefits listed
below. This information was prepared by David Freddoso, Commentary staff
writer and was posted at: www.washingtonexaminer.com September 22, 2009,
“Big Green is a Profitable Enterprise.