Number: 1981-26
WHEREAS, the DLM Coal Corporation recently sued two West Virginia environmental organizations and their coordinator for an article published in their newsletter alleging that acid pollution from strip mines in Upshur County, West Virginia, had destroyed seven miles of brook trout inhabited water in the Buckhannon River; and
WHEREAS, THE DLM Coal Corporation also sued those two organizations and their coordinator for damages the company allegedly suffered as the result of complaints of the organization made to the U. S. Environmental Protection Agency and the Office of Surface Mining of the U. S. Department of the Interior, and
WHEREAS, public participation by citizens before government agencies is an important and necessary element of the enforcement of the various laws and policies aimed at protecting the environment; and
WHEREAS, free and open debate on conservation issues in newsletters and elsewhere is the lifeblood of the National Wildlife Federation and its affiliates and is protected by the First Amendment to the Constitution of the United States; and
WHEREAS, lawsuits of the type filed by the DLM Coal Corporation will, because of the high cost of litigation, discourage conservation groups and citizens from speaking out on issues affecting environmental quality and will further discourage citizens and organizations from assisting government officials in the enforcement of environmental laws and policies;
NOW, THEREFORE, BE IT RESOLVED that the National Wildlife Federation, in annual meeting assembled March 26-29, 1981, in Norfolk, Virginia, deplores the use of the Courts by private corporations to discourage citizens from enforcing environmental laws and speaking out on public issues; and
BE IT FURTHER RESOLVED that the National Wildlife Federation urges its affiliates and other organizations to join together in opposing efforts, such as that of the DLM Coal Corporation, to discourage citizen participation and free speech.