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Committee approves memorial asking Congress to review Equal Access to Justice Act
Summary
A House memorial (HJM6) asking Congress to review how the Equal Access to Justice Act is applied in environmental and natural-resource litigation was advanced from committee after backers said the law has been broadened since 1980 and has slowed some federal projects.
Representative Mark Sauter, Republican of District 1, told a legislative committee that House Memorial HJM6 asks the federal government to reassess how the Equal Access to Justice Act (EJA) is applied in environmental and natural-resource litigation.
"The purpose of the EJA act, was to provide some legal reimbursement for those that sued...the federal government for wrongs that for perceived wrongs against them," Representative Sauter said, adding that a 1989 Supreme Court ruling "liberalized this program" so parties need not prevail on every claim to recover fees. He said the memorial is a diplomatic request that Congress review whether current practice matches the law's original purpose and to consider targeted changes for environmental and natural-resource cases.
Representative Stephanie Mickelson, speaking in her personal capacity, told the committee she had sued the federal government, "spent over a million dollars on legal fees," and was disturbed she had not received fee awards after applying for EJIF funds. "So it's kind of a waste of our taxpayer dollars...it's never been used the way that it was actually set up and intended to do to begin with," she said.
After brief discussion and no recorded opposition, Senator Guthrie moved to send HJM6 to the floor with a due-pass recommendation; Senator Cook seconded. The committee voice-voted "aye," and the motion carried.
If approved by the full chamber, the memorial would authorize the house clerk to send a letter to the state's federal delegation asking for a targeted review of EJA application in environmental and natural-resource matters.
