The Judgment Fund is an unlimited appropriation by Congress that can be drawn upon to pay legal liabilities of federal agencies. As a permanent and indefinite appropriation, the Fund requires no further action by Congress, does not close at the end of any fiscal year, and provides unlimited funds to pay certain judgments against the United States. The risk of abuse is palpable, given that publicly available information about payments is limited, difficult to access, and even harder to analyze.
Last month, a turbine blade in a wind plant off the coast of Martha’s Vineyard snapped off. Most of the blade, which is the length of a football field, fell into the ocean. Fiberglass and foam pieces have been seen floating in the ocean and washing up onto the beaches on Nantucket, which had to be closed. The blade was not broken by a major storm or other drastic event. Rather, the wind itself—the very thing the blade was designed to harness—broke the blade.
Permit-by-rule, a simplified process for obtaining permits, has gained traction as a solution to expedite government approvals for various projects. This approach allows permit applicants, referred to as "sources"; to certify their compliance with pre-set criteria, eliminating the need for extensive review and having to submit documentation. By simply submitting a “notice” confirming their fulfillment of the predetermined requirements, the default position is automatic approval and permit issuance, unless specific claims of non-compliance are presented by the government.
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