A House Natural Resources subcommittee will probe attorneys fees paid to environmental groups that successfully sue the federal government over compliance with wildlife protections and other laws.
The hearing this week before the Oversight and Investigations Subcommittee, chaired by Rep. Paul Gosar (R-Ariz.), will look at what he describes as “abuse” by environmentalists utilizing the Equal Access to Justice Act. Under the 1980 law, litigants who file lawsuits against federal agencies and are successful can recover certain legal costs.
Organizations that sue to force agencies to consider protecting species under the Endangered Species Act frequently seek reimbursement under EAJA, though agencies sometimes drag their feet on the payments.
The practice has been a frequent subject of scrutiny by House Republicans, and the Oversight and Government Reform Committee held a hearing on the matter in 2018, aiming to “curb excessive litigation and the abuse” of laws like EAJA.