House Republicans are weighing ways to rein in a law that allows litigants who sue the federal government — including in cases that seek to enforce environmental laws and regulations — to receive attorneys’ fees when they win.
GOP lawmakers floated ideas Wednesday in a hearing of the Natural Resources Committee’s Oversight and Investigations Subcommittee, where they argued that the fee requirements under the Equal Access to Justice Act are being abused by environmental groups to fund their operations and shut down federal lands that could be used for grazing or forestry.
Under the 1980 law, litigants who file lawsuits against federal agencies and are successful can recover certain legal costs.
“While well-intended, EAJA has enabled well-funded, radical environmental nonprofits to engage in lawfare campaigns against federal agencies and recoup some of their litigation costs from the federal government,” said Rep. Paul Gosar (R-Ariz.), the subcommittee’s chair.