Bill > HJM006

This Joint Memorial expresses the Idaho Legislature's findings and calls upon the U.S. Congress to amend the Equal Access to Justice Act (EAJA). The EAJA, enacted in 1980, allows for the reimbursement of legal costs for individuals and small businesses who win cases against the federal government when the government's position was not reasonably justified. Recent reports indicate significant amounts paid out under the EAJA, with specific examples from the Department of the Interior and the Environmental Protection Agency. The memorial highlights that under current interpretation, a party can receive EAJA awards by winning on any significant issue, not necessarily the main one. The Legislature argues that the EAJA has been misused to fund lawsuits that hinder development and resource extraction, negatively impacting Idaho citizens whose livelihoods depend on these activities. Therefore, the memorial requests that Congress amend the EAJA to restrict awards in environmental or natural resource cases to only those parties who prevail on the central issue of their case.