Centuries ago mankind settled serious disputes with sticks and stones. That's why I disagree with folks who says we are a society that is too litigious. Litigation is the civil alternative to fist-fighting, to armed insurrection, to war. The West Virginia Highlands Conservancy finds itself increasingly involved in litigation. Most often we sue to compel state or federal agencies to do what the laws say they are supposed to do.
Public officeholders take oaths to faithfully execute the laws.
I thought that meant to follow and see that agencies under their charge follow the laws. We, like most environmental organizations, usually resort to litigation only after years of asking, lobbying, begging, pleading and trying to educate public officials about their responsibility to faithfully execute the laws, especially environmental laws. The ongoing lawsuit about valley fills related to mountaintop removal mining is an example of litigation initiated only after years, decades really, of seeking serious enforcement from the officeholders charged with enforcing those laws. The anti-degradation provisions relating to water quality in the Federal Clean Water Act is another example. So another lawsuit seeking to compel agency compliance appears more and more likely.