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Lowell E. Baier

Author • Conservationist • Historian • Attorney

Lowell E. Baier

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    • Saving Species on Private Lands
    • Equal Access to Justice Act

Endorsements for “Inside the Equal Access to Justice Act”

Kenneth L. Salazar

Ken Salazar

Lowell Baier has been a lifelong champion for conservation, carrying on the legacy of President Theodore Roosevelt. This book on America’s lands litigation is a must read for all who care about the conservation of our wonderful national crown jewels.

Kenneth L. Salazar
Former Secretary of the Interior
U.S. Senator (D-Colo.) (2005-2009)

Rep. John D. Dingell

john dingell2

We have here a book of truth and power. Lowell E. Baier, in his thoughtful and powerful publication shows our history ­­– first of abuse and more recently of our collaborative efforts to protect this magnificent country and world.

Rep. John D. Dingell (D-Mich. retired)
43rd Dean of U.S. House of Representatives

Theodore Roosevelt, IV

theodore roosevelt iv

This masterful work of scholarship flawlessly proves that today’s new paradigm of cooperative conservation and federalism in endangered species conservation is a far more responsible endeavor with measurable results than can ever be achieved by combative saturation litigation and court intervention.

Theodore Roosevelt, IV
Honorary Chair
League of Conservation Voters and Governing Council, The Wilderness Society

Douglas Brinkley, Ph.D.

Doug Brinkley

Inside the Equal Access to Justice Act is an important history of how American land conservation battles have played out in courts. All environmentalists should read this well-written book. Highly recommended!

Douglas Brinkley, Ph.D.
Rice University
Author of Rightful Heritage: Franklin D. Roosevelt and the Land of America and Wilderness Warrior: Theodore Roosevelt and the Crusade for America

Collin O’Mara

Collin OMara2

With more than 1,100 species currently under court-ordered consideration for listing under the Endangered Species Act, Lowell Baier’s powerful research forces all conservationists to question the efficacy of the current system and whether a more scientific and collaborative approach would produce better results for wildlife in the 21st century.

Collin O’Mara
President and Chief Executive Officer National Wildlife Federation
Secretary of Natural Resources and Environmental Control for Delaware (2009-2014)

Jack Ward Thomas, Ph.D.

Jack Ward Thomas_2

Minutely and extraordinarily researched, masterfully written in a voice that rings with authority from a tremendous depth of knowledge, it will transform your view of environmental litigation, and its politics and players.

Jack Ward Thomas, Ph.D.
Chief Emeritus
U.S. Forest Service

Rep. Cynthia M. Lummis

Cynthia Lummis v2a

This book is the story of how decades of aggressive environmental litigation have eroded the core missions, expertise and effectiveness of America’s land, wildlife and water management agencies. It poses the serious question of how the public land mass, comprising one-third of the United States, can be effectively managed in the 21st century, and the consequences the remaining two-thirds will suffer from unchecked litigation.

Rep. Cynthia M. Lummis (R-Wyo. retired)

John F. Organ, Ph.D., CWB

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Baier has produced an intellectual tour de force with the publication of Inside the Equal Access to Justice Act. The focus of this book is the need to reform the Equal Access to Justice Act (EAJA) because of unintended provisions that incentivize and reward environmental litigants for filing suit against federal regulatory and land management agencies, and consequentially hinder proactive cooperative efforts… Baier, a seasoned lawyer, political scientist, historian, and one of America’s leading conservationists, peels back layers of proverbial onion to reconstruct a fascinating story about how this law came into existence and the twist of fate that led to a seemingly minor provision being inserted that eventually opened the floodgates of environmental litigation.

John F. Organ, Ph.D., CWB (appearing in Fair Chase Magazine)
Chief Emeritus, U.S. Geological Survey
Cooperative Fish and Wildlife Research Units
Former Chief, Northeast Region USFWS Wildlife and Sport Fish Restoration Program
Past President, Fellow, and Honorary Member, The Wildlife Society
Adjunct Associate Professor, University of Massachusetts, Amherst, and Michigan State University

Harvard Law Review

Harvard Law Review

In his insightful book, Inside the Equal Access to Justice Act, Lowell Baier looks beyond these substantive statutes to the little-known role that the Equal Access to Justice Act (EAJA) plays in funding the legal fees of the environmental groups that bring these lawsuits. Expansively tracing the history of the EAJA and its role in the contemporary environmental movement, Baier explores how the intricacies of the legislative process can have far-reaching effects on the development of the law. In addition to assailing the inefficiencies of environmental litigation and its distortion of administrative processes and policies, Baier paints a way forward to better serve public lands policy by amending the EAJA to ease the litigation burden on agencies as they attempt to give life to the policy goals expressed by Congress. Drawing on decades of experience as a litigator and his passion for old-school wildlife conservation, Baier’s critical eye charts a provocative, if measured, path forward for environmental administration.

Harvard Law Review
Volume 130, Number 1
November 2016

Environmental History Journal

oxford university press2 1

Historians and other scholars of U.S. environmental politics will find a scrupulously narrated account of the political milieu from which this legislation emerged, along with its evolution over recent decades, in the book’s first four chapters. Assembled from an impressive array of interview notes and archival texts, these accessible chapters detail the original objectives for and later impacts of this important statute… Baier’s detailed policy history of the EAJA should be of interest to scholarly and lay readers alike.

Environmental History Journal
American Society for Environmental History
Oxford University Press

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