HCM 2013
Initials JH/MB Page 1 Federalism, Military Affairs & Elections
ARIZONA HOUSE OF REPRESENTATIVES
Fifty-seventh Legislature
First Regular Session
HCM2013: equal access; justice; act; repeal
Sponsor: Representative Griffin, LD 19
Committee on Federalism, Military Affairs & Elections
Overview
Calls upon the United States Congress to repeal or substantially amend the Equal Access to
Justice Act.
History
The Equal Access to Justice Act (EAJA) was enacted in 1980 and authorizes the award of
attorney's fees and other expenses to certain individuals, small businesses and other entities
who prevail against the federal government in judicial proceedings and certain adversary
adjudications when the government's position is not substantially justified. The stated
purpose of the EAJA includes diminishing the deterrent effect of seeking review of, or
defending against, governmental action by providing for the award of certain costs and fees
against the United States (28 U.S.C. § 2412).
Provisions
1. Notes the purpose of the EAJA, its eligibility requirements and that federal agencies paid
$115,000,000 because of EAJA in FY 2023. (Sec. 1)
2. States the EAJA has become a powerful weapon for large well-funded special interest
nonprofits instead of a protection for small businesses and individuals. (Sec. 1)
3. Asserts that attorneys for environmental-related nonprofits exploit the law and the
federal government for millions of dollars and exceed actual legal costs. (Sec. 1)
4. States that abuse and misuse of the EAJA stops development and active management of
resources and instead advances radical ideologies. (Sec. 1)
5. Requests that the United States Congress will entirely appeal or substantially amend the
EAJA to close loopholes allowing for exorbitant fees to be awarded, enact eligibility caps
on tax exempt nonprofit's net worth's and enact a total award cap for a single case. (Sec.
1)
6. Requires the Secretary of State to transmit a copy of the Memorial to the President of the
United States, the Speaker of the U.S. House of Representatives and Arizona Members
of the U.S. Congress. (Sec. 1)
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note