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Entries in Lawsuit (56)


AFPNH - does the LGC owe you money!?

That may very well be the case! 

As you may know, for years, some towns, cities and school districts in New Hampshire who utilized the Local Government Center (LGC) to pool their health insurance and workers compensation services, were paying too much. The LGC has recently been ordered to return the surpluses, which total $53.3 million, to the towns, cities and school districts from which they came. You can read more about it in this New Hampshire Union Leader article.


CLICK HERE to see if you live in one of the communities who overpaid.


If you live in one of the over-paying communities, you need to be vigilant and ensure that these funds are returned to you and not used by local officials to grow government.


It will be all too easy for politicians to view this windfall as “found money” and use your taxpayer dollars to expand the size of local government.


Don’t forget – this is your money and you deserve to have it returned to you!


CLICK HERE to see if you live in one of the communities who is due for a refund and if you are, contact your local officials to demand that the property tax overpayments be used for taxpayer rebates or reduced tax charges for next year.


Remember – these funds come from your wallet and they should be returned to you.


Thank you for all you do to promote economic freedom and stop government growth in the state.


Live Free or Die!



Greg Moore

State Director

Americans for Prosperity – New Hampshire


Motion to Intervene Filed by Durham, Northfield, Peterborough, and Salem in LGC v. Bureau of Security Regulation Case Denied by NH Supreme Court


On Friday of this week, the towns of Durham, Northfield, Peterborough, and Salem learned that the NH Supreme Court had denied their motion to intervene relative to the Local Government Center (LGC) V. NH Bureau of Securities Regulation case.  The Supreme Court also denied their motion to stay. 

It is believed the Supreme Court felt the aggrieved towns had alternative remedies, namely action in Superior Court. This was in fact argued by the Bureau of Securities Regulation in its brief to the court regarding the towns' complaint.  

Durham Town Administrator Todd Selig states, "This circumstance was envisioned by us as a possibility from the start and with the decision by the Supreme Court now in hand, Durham, Salem, Peterborough, and Northfield, on behalf of a larger coalition of similarly situated aggrieved communities, are actively evaluating a Superior Court action that would include a request for injunctive relief."  The City of Concord is also evaluating similar action.

"With respect, we’re disappointed with the Supreme Court’s decision,  but view it as representing a clear directive to proceed to Superior Court if we desire to argue our case on behalf of local taxpayers," states Selig. 

In terms of the history regarding this issue, the towns of Durham, Northfield, Peterborough, and Salem, on behalf of a coalition of fourteen municipalities (Auburn, Bennington, Canaan, Durham, Greenfield, Henniker, Lyndeborough, Meredith, Northfield, Peterborough, Plainfield, Raymond, Salem and Temple), filed a complaint with the NH Bureau of Securities Regulation in December 2012 regarding the return of surplus methodology adopted by the Local Government Center.  

The Bureau of Securities Regulation (BSR) found wrongdoing in the management of the Local Government Center’s risk pools. It ordered millions of dollars held by the Local Government Center (LGC) to be returned to current members of the pools.

Selig states, "The BSR, however, did not distinguish among members. Some joined the risk pools early or late, some left early or late, and some joined, left, and later rejoined. By ordering the money returned to current members, it created windfalls for some, but inadequate recompense for others. That is, some members will receive an arbitrarily larger share than their contribution, and some an arbitrarily smaller share.  This situation is inherently inequitable as contributions made to the LGC by the aggrieved towns, contributions which were later found by the BSR to be in excess of that required for insurance purposes and illegally withheld by the LGC, will in effect be returned to other communities." 

To fix this, the four towns petitioned the NH Supreme Court in January of this year to allow them to intervene, and to address the hearings officer’s failure to fashion a remedy that will allow refunds in proportion to members’ contributions. Due to the dates they joined and left, these four towns – Durham, Northfield, Peterborough, and Salem – believe they represent all members whose share of the refund will be inadequate compared to the share of the money they contributed.

The Local Government Center notified members during the week of June 19, 2013 that, "barring legal intervention," the organization plans to distribute funds in a manner that would specifically exclude Durham, Northfield, Peterborough, Salem, and numerous other political subdivisions across the state in similar situations, from their proportional share of the return of surplus. 

This is inherently unfair to the local taxpayers of Durham, Northfield, Peterborough, Salem, and numerous other political subdivisions across the state. 

The towns seek an equitable approach to distributing the surplus generally requiring the LGC to calculate the amount of surplus that accrued each year from the year that the LGC first unlawfully retained excess surplus, and to allocate the surplus proportionally amongst the members of the Trusts by year.

"Such an annual, proportional remedy calculation could be easily applied and would be equitable.  In short, it would be fair," according to Selig.  



LGC Case Background & Details on Coalition of Communities' Petition to NH Supreme Court

In the Order dated August 16, 2012, State of NH hearings officer Donald Mitchell found that the Local Government Center (LGC) had engaged in actions or inactions that resulted in multiple violations of RSA 5-B. 

These statutory violations, which commenced in 2003 and continued through 2010, were attributable to, amongst other things, a failure by LGC to distribute to Trust members on an annual basis excess earnings and surplus, improper transfers of monies from the Health Care Trust and Property Liability Trust to the Workers Compensation Trust, and a transfer of the Health Care Trust’s and Property Liability Trust’s respective interests in real estate to the Local Government Center Real Estate Inc. without consideration.

In sum, the Order found that but for these illegal actions, there would have been additional excess earning and surplus that would be available to return to LCG members on an annual basis – members such as Durham, Northfield, Peterborough, and Salem.



The Order: What The LGC Has To Pay Back

$33.2 million from HealthTrust

$17.1 million the Property-Liability pool siphoned from HealthTrust

$3.1 million from Property-Liability for communities that joined after June 14, 2010

Total: $53.4 million


Subsequent to the filing with the BSR, the Bureau of Securities Regulation’s outside counsel, Andru Volinsky told Annmarie Timmins of the Concord Monitor, “The bureau will need to look at this…There is nothing in the law that says you have to be a member to get your surplus back.”

To date, the Towns have received no formal response from the BSR.


CEI Weekly: CEI Sues for EPA Nominee Text Messages 

May 31, 2013



Feature: CEI has filed a lawsuit in federal court.

 FEATURE: CEI Sues for EPA Nominee Text Messages


This week, CEI filed a lawsuit to compel the Environmental Protection Agency to release the text message records of Gina McCarthy, Obama's nominee for EPA Administrator, on days when she testified before Congress. Read more about the lawsuit here.





America's Soaring Regulations Cost $1.8 Trillion Per Year

Wayne Crews & Ryan Young's op-ed in Investor's Business Daily


The IRS Fiasco Is Only the Tip of the Iceberg

Henry I. Miller's op-ed in Forbes

Washington Drowns America with a Flood of Regulations

CEI featured in The Washington Examiner


The Cost of Regulations: Economic Tyranny

CEI featured in The Pittsburgh Tribune-Review


Group Goes to Court Over Text Messages of Obama's EPA Nominee

CEI featured in The Hill


Rep. McKinley Moderates Debates on Global Warming

Myron Ebell's citation in The Associated Press


Three Years of Dodd-Frank's Broken Promises

John Berlau's citation in The Washington Times
CEI's citation in National Geographic


A Legacy Litigated

CEI's citation in Slate


EPA Stonewalled Records Requests by Republican-Led States

CEI's citation in The Daily Caller





















May 30, 2013:  The Politics of Caffeine


The Food and Drug Administration recently announced plans to investigate, and possibly regulate, caffeine consumption. Fellow in Consumer Policy Studies Michelle Minton prefers separation of food and state.


CEI Today: Suing EPA, debating climate change, and separation of water and state 


CEI Sues for EPA Nominee Text Messages on Dates She Testified Before Congress

Today, the Competitive Enterprise Institute filed suit in federal court to compel the Environmental Protection Agency to turn over text message records of Gina McCarthy, Assistant Administrator for Air and President Obama’s choice to head the Agency. (View the complaint)

The suit, filed as the full Senate prepares to take up McCarthy’s nomination in July, seeks text message records for 18 specific dates on which McCarthy testified before Congress.

EPA provides certain employees with PDAs and text messaging capability as an option to email. But it seems EPA has yet to ever turn over text message transcripts, according to CEI discussions with frequent FOIA requesters and congressional investigators.
 > Read more

> Interview Chris Horner


Panel Debates the Impact of Human Action on Climate Change

Anchor Mike Walter moderates a heated discussion between Michael Dorsey, a visiting fellow at Wesleyan University, and Marlo Lewis, a senior fellow at CEI, on the idea that human action is playing a role in climate change.  > View the debate on YouTube

> Interview Marlo Lewis



How to Have Enough Water for Everybody


CEI's Wayne Crews called for the separation of water and state when he testified before the Water and Power Subcommittee in the House of Representatives (hearing linked here). The concern was water availability and federal funding for for research and development in desalinating (de-salting) seawater and brackish water for human consumption or use in irrigation or industry.

Crews argued against the funding and pointed out that water shortages are almost always rooted in poor pricing for water. Without market pricing, scarcities and havoc will rule. > Read more

> Interview Wayne Crews




JUNE 20, 2013


CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, pleasevisit our website,, and blogs, and  Follow CEI on Twitter!


The American Consumer Institute Center for Citizen Research


"Regulation and Competition in the Digital Economy"

Panel and Luncheon
featuring CEI's Ryan Radia

Date: Thursday, May 30, 2013
Time: 12:00PM - 1:30PM

2103 Rayburn HOB
Washington, DC

For more information or to RSVP please contact

Steve Pociask


An Annual Snapshot of the Federal Regulatory State


May marks the publication of the 20th anniversary edition of the CEI’s annual survey of the federal regulatory state, Ten Thousand Commandments.

> Listen to the LibertyWeek podcast

> See also: Wall Street Journal editorial, Red Tape Record Breakers


Warren T. Brookes Journalism Fellowship

CEI offers a one-year fellowship for journalists seeking to improve their knowledge of the principles of free markets and limited government.




CEI Today: Suing the IRS, EPA abuse of power, E-Verify reform


Forbes: As Obamacare Draws Near, Lawsuits Against IRS May Exempt Millions

In more than half the country, the implementation of ObamaCare has been premised on a patently illegal regulation—a lawless “quick fix” designed by the Administration to circumvent the fact that roughly two-thirds of the states have effectively chosen to “opt out” of the Affordable Care Act’s intrusive mandates.  A new lawsuit, recently filed by us in federal district court in D.C., will expose that flaw in ObamaCare’s very foundation, vindicating the right of these “refusenik” states to shield their citizens from an overreaching federal government. > Read more

> Interview Sam Kazman

EPA ABUSE OF POWER EPA Demonstrates IRS-like Bias on FOIA Requests

Executive branch overreach involving deliberate attempts to silence critics of the administration has become a pressing issue. Several revelations have come to light this week threatening to further cloud the Obama Administration’s claim of being “the most transparent administration in history.”  With the IRS facing allegations of deliberately targeting conservative groups, and the Department of Justice facing intense scrutiny for secretly monitoring the Associate Press, the executive branch is finding itself under siege from an onslaught of scandals. Now, something new can be added to the pile. According to CEI Senior Fellow Chris Horner, EPA has, in a sign of political bias, denied FOIA Fee Request Waivers requested by conservative groups. > Read more

See also:

Rep. Whitfield Discusses CEI’s Battle With EPA on House Floor

WSJ: From the IRS to the EPA?

Washington Examiner: EPA waives fee requests for friendly groups, denies conservative groups

Daily Caller: GOP congressman chastises EPA on conservative FOIA requests



Diverse Coalition Supports E-Verify Reform


This week, an ideologically diverse coalition of 44 organizations led by the Competitive Enterprise Institute, National Small Business Association, American Civil Liberties Union, and Service Employees International Union called on the U.S. Senate to vote in favor of a bipartisan amendment proposed by Sens. Al Franken (D-MN) and Mike Lee (R-UT) to the E-Verify portion of the Senate immigration bill (S.744) that would require the government to meet a specific accuracy standard for the system. > Read more

> Interview David Bier


Ten Thousand Commandments:
An Annual Snapshot of the Federal Regulatory State



The most recent Small Business Administration (SBA) evaluation of the overall U.S. federal regulatory enterprise estimated annual regulatory compliance costs of $1.752 trillion in 2008. Earlier SBA reports pegged costs at $1.1 trillion in 2005 and at $843 billion in 2001.




JUNE 20, 2013


CEI is a non-profit, non-partisan public policy group dedicated to the principles of free enterprise and limited government.  For more information about CEI, please visit our website,, and blogs, and  Follow CEI on Twitter!