House Passes Bill to Address Abuse of EAJA

House Passes Bill to Address Abuse of EAJA

On Monday, the House passed HR 3279 Open Book on Equal Access to Justice Act. The legislation requires oversight and transparency of funds awarded under the EAJA. Why should ranchers care? Well, this bill would help to level the playing field between private citizens — for which the law was intended — and the vast resources of groups — mainly radical environmental groups — who repeatedly abuse the system. Field Reporter Greg Martin shares more background on the intent.
Martin: “EAJA was originally passed in 1980 to  allow plaintiffs to recover legal fees when they prevail against the federal government in court. However, it has repeatedly been exploited by environmental activist groups which target federal-lands agencies, and ultimately the ranching families who use the lands, at the expense of the taxpayer. From 2001 to 2011, environmental activist groups, some worth in excess of $50 million, have been awarded an estimated $37 million. During the same time period, more than 3,300 cases have been filed by just 12 groups, many of which were frivolous or filed on technicalities.”
The Act, as originally passed, required the Department of Justice to report to Congress where and how EAJA funds were being spent. However, in 1995, through passage of the paperwork reduction act, the reporting requirement for EAJA payments was removed. For nearly 20 years the government has not been tracking how much money has been paid out through EAJA.??This bill restores much-needed accountability by requiring an accounting of all attorney fees spent under the Act.
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