For years, well-funded environmental organizations have exploited the Equal Access to Justice Act (EAJA) to pursue repetitive litigation against the federal government and then force taxpayers to cover their legal fees. According to federal data, from 2019 through 2024, the Departments of the Interior and Agriculture awarded approximately $24.8 million under EAJA, with 76% of those funds flowing to a small number of environmental organizations and their attorneys.
Safari Club International (SCI) applauds Representatives Tom Tiffany (R-WI) and Harriet Hageman (R-WY) for introducing the Fix Our Forests and End Excessive Spending (FEES) Act, legislation designed to stop these abuses and restore EAJA to its original purpose. The FEES Act builds on other EAJA reform proposals currently under consideration in Congress by advancing additional safeguards to prevent abuse, limit taxpayer exposure, and ensure fee awards are reserved for those the law was originally intended to protect.
Originally enacted to protect small businesses and individuals from government overreach, EAJA has been co-opted by exploitative organizations that have subverted its core mission of leveling the playing field for small litigants. Instead, these groups have used EAJA to bankroll procedural lawsuits that delay wildlife and habitat management projects while forcing taxpayers to bear the costs of their litigation.
"Repeat litigants have weaponized taxpayer funds and abused EAJA for far too long," said SCI CEO W. Laird Hamberlin. "This bill delivers needed reforms to curb 'sue-and-settle' tactics that have allowed well-funded organizations to rely on procedural arguments that do not benefit wildlife or habitat."
SCI has long supported common-sense reforms to ensure taxpayer dollars advance conservation rather than bankroll litigation that delays meaningful wildlife and habitat management. During SCI's annual fly-in, SCI members advocated for EAJA reform in more than 150 meetings with congressional offices.
SCI strongly supports the FEES Act and other legislative efforts to reform EAJA. By building on previous reform proposals and adding meaningful new protections against abuse, the FEES Act represents an important step toward restoring accountability, protecting taxpayers, and returning EAJA to its original purpose.