Madison committee adopts resolution allowing city to join amicus briefs in environmental cases

The Madison Common Council Executive Committee on Jan. 28 approved a resolution authorizing the city attorney, in consultation with the mayor, to join the city as an amicus party in litigation related to environmental sustainability, environmental justice or climate change.

The resolution, introduced at the meeting, was adopted with no objections; the committee chair recorded the vote as unanimous. The council has similar existing resolutions for other policy areas, and Attorney Haas said this new resolution provides structure for decisions about joining outside litigation.

City Attorney Haas summarized the proposal for the committee, explaining that the measure would allow the city to lend its views in cases where Madison is not a party. "An amicus brief is simply a legal brief that is submitted in a case that, reflects the views of parties that want to support one side or the other but are not part of the lawsuit," Haas said. He added that, without a resolution, "our office could be deciding to join any lawsuit under the sun for any reason at the whim of the city attorney," and that the resolution gives the office "a little bit more structure and guidance."

Haas said the city is regularly invited to join litigation around the country when a case might affect municipal policy. He told the committee that the invitation prompting this resolution arrived late last summer or fall and revealed there was no existing policy on environmental amicus participation. Vice President Duncan asked whether the Sustainability Committee had recommended approval; Haas confirmed the committee had recommended approval the night before.

The committee chair recorded the resolution as adopted and noted the item will proceed according to council rules for enacted resolutions.

Votes at a glance: the committee chair stated the adoption was recorded as a unanimous vote; no roll-call tally was provided in the transcript.