The Subcommittee on Oversight and Investigations convened a hearing to examine the use of the Equal Access to Justice Act (EAJA) by environmental non-governmental organizations (NGOs). The focus was on whether these groups are using the law in ways that differ from its original intent.
Subcommittee Chair Paul Gosar (R-Ariz.) stated, “The Equal Access to Justice Act was created to help ordinary Americans challenge federal overreach—not to bankroll ideological lawfare campaigns. Yet powerful, well-funded NGOs have turned the EAJA into a taxpayer-financed ATM to pursue political litigation that has little to do with justice and everything to do with advancing their agenda. This abuse diverts resources away from the very individuals the law was intended to protect and forces hardworking taxpayers to subsidize endless lawsuits designed to obstruct lawful federal actions, particularly in areas like energy, land management, and border security. It is time to restore integrity to the EAJA, end the cycle of taxpayer-financed activism, and ensure that this law once again serves citizens—not special-interest groups gaming the system for profit and politics.”
The EAJA was originally enacted so individuals such as veterans, Social Security recipients, and small businesses could challenge government actions without being deterred by legal costs. Over time, however, environmental NGOs have used EAJA funds for litigation against federal agencies.
Legal challenges initiated by these NGOs require federal land management agencies to allocate significant portions of their budgets and staff time toward litigation rather than resource management. This shift in focus moves EAJA away from its intended purpose.
More information about this hearing can be found on the House Natural Resources Committee website: https://naturalresources.house.gov/hearings/investigating-the-abuse-of-the-equal-access-to-justice-act-by-environmental-ngos.
