[Still Thinking]

Even if they just got paid if they won, it needs to be counterbalanced with a disincentive to file harassing or frivolous lawsuits. Otherwise they would have nothing at risk by filing on marginal or clearly frivolous cases. They shouldn't only not get paid if they lose, there should be some civil or criminal penalty. If they don't like that they can just go back to doing it on their own nickel.

[tertiary01]

This is why there are so many frivolous environmental lawsuits!! ...and so many environmental activist groups. They receive income every time they sue a Federal Agency regardless of merit or outcome!!
There is legislation pending to help remedy this situation, some of which is noted in post 13. We just need to persuade our legislators to continue to weaken the environmental activist's hold on the EPA and enact it!!