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Greenmail
WHAT YOU NEED TO KNOW...
HOW DO THE UNIONS USE THE ENVIRONMENTAL PROCESS TO HOLD UP PROJECTS?
When new developments and projects are in planning stages, union groups take tremendous leverage in their contract negotiations by threatening environmental litigation. When unions are dissatisfied with the terms of their proposed project labor agreements, or otherwise come to find they are dealing with a developer or public entity wanting open competition and bidding from merit-shop contractors as opposed to higher-priced, union-only contractors, the unions threaten to file environmental litigation which would not only prevent the project from moving forward while the lawsuit is pending, but would cost the developer and the public hundreds of thousands of dollars in legal fees, regardless of how environmentally friendly the project may be.
The unions follow through with these threats often enough to make them very credible. In fact, the San Francisco law firm Adams, Broadwell, Joseph & Cardozo has devoted its entire practice to the pursuit of union-funded environmental blackmail – now commonly known as “greenmail.” Unions have had such success with greenmail that is now routine business for them.
During their contract negotiations, and before filing litigation, union groups submit extensive documentation raising potential environmental issues they can later sue upon. The message is quite clear – submit to our contract terms or environmental litigation will be filed to postpone the project. While the union groups and their attorneys tout themselves as environmentalists, they readily drop their environmental claims when their labor demands are met or, as was the case with the Chula Vista Bayfront, when the developer abandons the project altogether.
IMPORTANT REFERENCES...
Letter-to-the-editor: Forgetting what CEQA's about
CEQA's being hijacked; where are the enviros?
Mayor of City of Brentwood attacks Greenmail
January 29, 2006, MSNBC.com Article: Unions wielding environmental law to threaten foes
October 12, 2004, OCRegister.com Article: The union label on power-plant delays
October 14, 2004, Daily Press/OC Register Editorial: CURE's cynical anti-power play
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