Lummis EAJA Bill Gets its Day in Committee
Government Litigation Savings Act Awaits Markup
WASHINGTON, D.C.,
Oct 11, 2011 -
WASHINGTON, D.C. – Today, the House Subcommittee on Courts, Commercial and Administrative Law reviewed H.R. 1996, the Government Litigation Savings Act (GLSA), which reinstates accountability and transparency to taxpayer-funded payments made by the federal government in the name Equal Access to Justice Act (EAJA). H.R. 1996, authored by Vice Chairman of the Congressional Western Caucus, U.S. Representative Cynthia Lummis (R-WY), has been introduced in the U.S. Senate by Senator John Barrasso (R-WY) (S.1061). H.R. 1996 awaits a committee markup.
“A small percentage of special interest groups with an environmental litigation agenda have had big repercussions for taxpayers and their hard-earned dollars, and for federal land managers just trying to do their job. Getting paid to repeatedly sue federal agencies over technicalities and recovering their attorneys’ fees in mass quantities is a job these obstructionist groups take seriously; and their actions are gumming up the works at federal agencies like the Bureau of Land Management, the Forest Service, and the U.S. Fish and Wildlife Service,” Lummis said. “The Government Litigation Savings Act will halt these groups’ use of EAJA to push their ‘stop everything’ agenda, and return EAJA to its original intent: to give individuals, small businesses or any other entity who has been wronged by the federal government the ability to seek reimbursement. Contrary to some erroneous comments we heard in today’s hearing, the bill does nothing to limit access to the courts for veterans and social security claimants, and in fact explicitly protects the ability of small, financially strapped groups and individuals to receive fair compensation. I am heartened by today’s hearing because when you set aside rhetoric, I believe many agree that EAJA has deficiencies that must be corrected.”
Background:
EAJA was passed as a permanent appropriation in 1980 in order to help individuals, small businesses and non-profit organizations with limited access to financial resources defend themselves against harmful government actions. EAJA allows for the reimbursement of attorney’s fees and costs associated with suing the federal government. When operating correctly, EAJA allows plaintiffs who sue the federal government to recover part of their attorney’s fees and costs if they “prevail” in the case.
Congress and the agencies halted tracking and reporting of payments made through EAJA in 1995.
According to research by a Wyoming law firm, 14 environmental groups have brought over 1200 federal cases in 19 states and the District of Columbia, and have collected over $37 million in taxpayer dollars through EAJA or other similar laws. Those numbers do not include settlements, and fees sealed from public view. An independent study from Virginia Tech University discovered similar findings as a result of a comprehensive Freedom of Information Act request of five Federal agencies. The Virginia Tech study also revealed that two of these agencies could provide absolutely no data on EAJA payments.
The bill is co-sponsored by the following members of both the Senate and House Western Caucuses: Senators Mike Crapo (R-ID), Mike Enzi (R-WY), Orrin Hatch (R-UT), Dean Heller (R-NV), Mike Lee (R-UT), John Thune (R-SD), James Risch (R-ID) and Representatives Rob Bishop (R-UT), Jason Chaffetz (R-UT), Mike Coffman (R-CO), Mike Conaway (R-TX), Jeff Denham (R-CA), John Duncan (R-TN), Trent Franks (R-AZ), Wally Herger (R-CA), Doug Lamborn (R-CO), Tom McClintock (R-CA), Kristi Noem (R-SD), Devin Nunes (R-CA), Steve Pearce (R-NM), Denny Rehberg (R-MT), Mike Simpson (R-ID), Glenn Thompson (R-PA), Scott Tipton (R-CO), Don Young (R-AK).
