Law School 101
Generally, and I will further qualify this with, in my experience and knowledge (is that enough disclaimer?) when you file an environmenatl (or any kind of suit) you list a number of causes that you are suing on. Typically these suits will have many reasons for being filed.
For Example, if you want to get a Welfare Rancher off an alotment, you will sue for the following reasons.
1. Outdated FS Grazing Plan
2. Endangered Species Act - degredation of streambeds and Bull Trout habitat.
3. Illegal taking of Water Right that belongs downstream.
4. Violation of an Indian Treaty
5. Violation of regulatory processes.
6. Lack of EIS
7-20 etc. etc.. etc... Astrology, etc..
You are attempting to throw 20 reasons up to the Judge, and try and get 1 (or more) to stick, and result in the Judge requiring a specific action. These Lawsuits are not usually seeking monetary damages. You argue many specific items, and do not rely on a broad interpertation. Any one of the items is adequate to get the action required. Some of these items will have a 5% chance of being the winning ticket, others will have an 80% chance of being the one the Judge will act upon. If you know much about statistics, you will see that if you shoot enough times, and have good quality bullets and technique, maybe you will hit something.
And as for the claim of money, and these attorneys getting rich, that is incredibly funny. The posting in the Sacbee that is here, has a part of the truth, but it doesn't explain it all. When the attorneys file the suits, as a citizen, they spend money filing papers, copying papers, hiring experts, doing field work, and doing the legal work. All during this process, these expenses need to be paid. THEN, if they win the trial, they are allowed REIMBURSMENT for reasonable expenses (ie... what they ALREADY spent!!!). So, if they are good attorneys, and ALWAYS win, they will break even with their expenses. But, if the EVER lose, then they collect nothing.
Think about what that means. You work 6 months, pay all your expenses, then go to court, and if you win, you get the money back. You are suing the US Government, with an unlimited checkbook to hire as many attorneys and staff as they want. They are a formidable foe. Plus you have the Industry friends of the court that are against you. The odds are huge, the risks are great. If you lose, you get nothing. How many of us would work under that set of circumstances? Breakeven or Loss!!! Nobody with a rational mind would do that as a profit making venture. The only way to come out, is to work with the Environmental groups, and have them cover the risk, if they lose. If the case is won, then the government will pay, and Environmental group will get the action they wanted in the first place.
This is an incredibly natural "Check and Balance", and this really does not lead to the filing of frivilous lawsuits.
And keep in mind, that is only for the Federal agencies. The State and other Parties don't have to pay the reimbursments.
I have yet to meet the first Enivormental attorney who is getting rich, but I have met many who love their work, as they are changing the West for the benefit of all of us.