The Equal Access to Justice Act (EAJA) was established to reimburse attorneys’ fees to people who prevail in court in a civil case against the federal government, lending support to those who would otherwise be unable to address legal issues. The fund was intended to help veterans and other similar individuals address their cases but has come an easy way for special interest groups to fund their repetitive suits against the federal government. By challenging the federal government on procedural grounds, these activist groups are able to circumvent Congressional authority and the administrative rulemaking process to harm ranchers because court judgements then become the binding authority. If these activists win their cases, they can apply for EAJA relief to pay their attorney's fees – even if they have in-house counsel or had pro bono representation – and use this money to sue the federal government again and again.

Two Part Solution

PLC has long fought for transparency in EAJA claims and awards. In 2019, PLC secured language that requires the Administrative Conference of the United States to prepare an annual report on EAJA payments during each year and publish the payments in an online database.

The reports and the information on the database are stark. In Fiscal Year 2023, tens of millions of dollars were paid to serial litigants who want to remove grazing from federal land. This money, paid from the Judgement Fund and from agency’s individual budgets, uses money that would otherwise be used on the agency’s core mission areas and undermines individuals’ ability to access critical assistance EAJA was intended to provide.

Now that it’s clear that EAJA is being exploited, reform is needed.

Cap awards for serial litigants. EAJA was intended to provide support for individuals, not radical environmental activists.

Reform EAJA eligibility for who is able to apply for support.  

Work with Congress to provide more regular oversight on the impacts of EAJA awards on agency budgets, since funds are taken from their agency program line items.