Governor Perry has been promoting tort reform for quite some time. In fact, it has surfaced that legislation may be introduced to the Texas Legislature that would establish a “loser pays” system for lawsuits. In his state of the state address this year Perry said that Texas needs a system "in which those who sue and lose are required to pay the court costs and legal expenses of those they sued."
Is Governor Perry ready to follow his own rule?
Over the last year, the Governor, his appointees at the TCEQ and Attorney General Abbott have spent tremendous resources fighting the Environmental Protection Agency on Flex Permitting and greenhouse gas rule implementation and to no avail. In fact, the various suits and maneuvers by Perry and Abbott to block enforcement of the EPA’s GHG rule were rejected not once, but four times by more than one court. Their actions are the legal equivalent to doctor-shopping.
Despite rhetoric from Perry and Abbott, there can be no confusion about the EPA’s actions on the greenhouse gas rule. They are acting on the authority of a 40 year-old law and a directive from the Supreme Court.
While the Governor and Attorney General have the luxury of some free help from Exxon’s Lawyers, Texas taxpayers make up the difference and pay the full bill as the EPA and Federal Courts spend their limited resources wading through politically motivated lawsuits from Perry and Abbott in the name of polluters.
While I do not wish to wade into the debate on the merits of tort reform, I cannot help but wonder if Governor Perry would so readily support “loser pays” if his political whims were held to the same standard. Maybe we should be asking him if he will guarantee to pay the taxpayers back for the costs of these lawsuits he has lost thus far and will likely lose again going forward.