Settlement or Victory? What a win looks like
By Mike Sargetakis | October 7, 2024
Our lawsuit held two hatcheries accountable for discharging harmful pollution to fish into McKenzie River. Photo by BLM Oregon, License bit.ly/3qtvpkH.
From defending old-growth forests, to protecting wildlife, to supporting native fish recovery, Crag has had a lot of wins this year. Many — but not all — of our wins are in the courtroom. In these cases, Crag files a lawsuit for our clients and, after a lot of work, a judge issues an opinion in our client’s favor. While a slam dunk win from a judge’s final decision is nice, it’s not the only route to victory. Sometimes we can achieve our client’s goals — stopping a logging project, removing a dam, or halting new development — before the judge issues a decision by reaching a settlement agreement with the opposing party. Here are three reasons why settling a case before it gets to a judge can lead to a better outcome — for our clients and the environment.
Thanks to our McKenzie river win, native rainbow trout like the one I’m holding will have stronger protections in the hot summer months. Photo by James Fraser.
Settling a case before it gets to a judge can lead to a better outcome, for our clients and the environment. Photo by www.weisspaarz.com
The first reason is control. Once you hand a case over to a judge, it’s out of your hands. Whatever the judge decides, you’ve got to live with or appeal. But, either way, you’ve handed it over to the court, and it will decide the fate of your case.
The second reason? Litigation requires resources. Even for our clients, for whom we are proud to provide free and low-cost legal services, litigation requires a significant investment. Litigating one case can take years, and hundreds of hours of staff time. There are only so many hours in a day. We work with our clients to make strategic decisions about where to put those hours for the best outcome.
Lastly, starting a lawsuit can provide the needed pressure to come to the negotiating table and find a solution that benefits everyone. It’s easier to compromise when you’ve got the clarity of issues at stake and a clearer picture of your strengths and weaknesses that filing a lawsuit can provide.
Top: Karl Anuta (right) and I love to spend time outdoors enjoying what we work every day to protect! Bottom: Photo by Steve Matarano, USFS. License bit.ly/3qtvpkH
For instance, take one of my recent cases: With our amazing clients The Conservation Angler, Northwest Environmental Defense Center, and Willamette Riverkeeper, we were able to secure protection for clean, cold water in the McKenzie River. We did this alongside our longtime friend and frequent co-counsel Karl G. Anuta, Law Office of Karl G. Anuta. In this case, we challenged permits that allowed two hatcheries to discharge water into the river that is too warm for fish, violating their Clean Water Act. While we filed the case, our clients and community members mounted a public pressure campaign on the state agency to re-issue better permits that were safer for fish. As a result, thanks to our lawsuit and our client’s community organizing, the state agency dropped the bad permits and re-issued better ones. The parties were able to ensure the environment was protected months or years earlier than if the litigation had to move through the courts.
At Crag, our actions are driven by our clients’ goals. Understanding what our clients are seeking to achieve for the environment informs our decisions about strategy. Many times, forcing a change of action is what is needed to stop harm to ecosystems, climate, or communities. While we can’t always secure a satisfactory outcome without a court’s opinion, it can benefit all parties (and the court) when a settlement can be reached.
Mike Sargetakis, Staff Attorney
Mike grew up in Salt Lake City and spent the first 25 years of his life hiking, backpacking, and rafting in the Colorado Plateau. He received a B.S. in City Planning from the University of Utah. Since moving to Oregon, he has earned a JD with a Certificate in Environmental, Natural Resources, and Energy Law from Northwestern School of Law at Lewis & Clark College. Mike spent five years in private practice as a plaintiffs’ attorney committed to public interest environmental litigation. Mike has represented clients in administrative, state, and federal courts. Today, Mike’s docket includes land use, civil litigation, and administrative matters on the Oregon Coast, as well as matters related to protecting water quantity, water quality, and public access to public trust resources throughout Oregon. Mike is admitted to practice in Oregon State and Federal courts, as well as the 9th Circuit Court of Appeals. When he’s not in the office, you can find him fishing the north coast, running on the Portland waterfront, or restoring old cars.