REFERENCE TITLE: equal access; justice; act; repeal State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025 HCM 2013 Introduced by Representative Griffin A Concurrent Memorial urging Congress to repeal or substantially amend the equal access to justice act. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: equal access; justice; act; repeal
State of Arizona House of Representatives Fifty-seventh Legislature First Regular Session 2025
HCM 2013
Introduced by Representative Griffin
REFERENCE TITLE: equal access; justice; act; repeal
State of Arizona
House of Representatives
Fifty-seventh Legislature
First Regular Session
2025
HCM 2013
Introduced by
Representative Griffin
A Concurrent Memorial
urging Congress to repeal or substantially amend the equal access to justice act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
To the Congress of the United States of America: Your memorialist respectfully represents: Whereas, enacted in 1980, the Equal Access to Justice Act (EAJA) allows the award of attorney fees and other expenses to certain individuals, small businesses and other entities that prevail against the federal government in litigation or administrative proceedings if the government's position is not substantially justified. The governmental entity has the burden to prove its position is substantially justified; and Whereas, the EAJA's stated purpose is to reduce the deterrent effect of defending against or seeking review of governmental actions; and Whereas, in fiscal year 2023, federal agencies reported paying more than $115 million in awards of attorney fees and other expenses under the EAJA; and Whereas, to be eligible, an individual must have a net worth of not more than $2 million, businesses must have a net worth of not more than $7 million and not more than 500 employees and tax-exempt organizations must have not more than 500 employees; and Whereas, tax-exempt nonprofit organizations do not have a cap on net worth; and Whereas, over the years, the EAJA has shifted from allowing individuals and small businesses to protect themselves from government overreach to a powerful weapon for large, well-funded special interest nonprofit groups to repeatedly sue the government regarding environmental issues; and Whereas, nonprofits can recover substantial fees under the EAJA, even if they settle out of court or win only a small part of the case; and Whereas, nonprofit groups evade the cap on the amount of legal fees that may be recovered. The base rate of costs may be increased when a case requires attorneys that have distinctive knowledge or a specialized skill necessary for the litigation; and Whereas, attorneys for environmental-related nonprofits exploit this exception to bilk the federal government for millions of dollars in legal fees and costs. These awards often exceed the actual legal costs; and Whereas, abuse and misuse of the EAJA stops development and active management of natural resources and instead advances radical ideologies. Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays: 1. That the United States Congress entirely repeal or substantially amend the Equal Access to Justice Act to do the following: (a) Close the loopholes that allow exorbitant fees to be awarded. (b) Enact an eligibility cap on tax-exempt nonprofit entities' net worth. (c) Enact a total award cap for a single case. 2. That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.
To the Congress of the United States of America:
Your memorialist respectfully represents:
Whereas, enacted in 1980, the Equal Access to Justice Act (EAJA) allows the award of attorney fees and other expenses to certain individuals, small businesses and other entities that prevail against the federal government in litigation or administrative proceedings if the government's position is not substantially justified. The governmental entity has the burden to prove its position is substantially justified; and
Whereas, the EAJA's stated purpose is to reduce the deterrent effect of defending against or seeking review of governmental actions; and
Whereas, in fiscal year 2023, federal agencies reported paying more than $115 million in awards of attorney fees and other expenses under the EAJA; and
Whereas, to be eligible, an individual must have a net worth of not more than $2 million, businesses must have a net worth of not more than $7 million and not more than 500 employees and tax-exempt organizations must have not more than 500 employees; and
Whereas, tax-exempt nonprofit organizations do not have a cap on net worth; and
Whereas, over the years, the EAJA has shifted from allowing individuals and small businesses to protect themselves from government overreach to a powerful weapon for large, well-funded special interest nonprofit groups to repeatedly sue the government regarding environmental issues; and
Whereas, nonprofits can recover substantial fees under the EAJA, even if they settle out of court or win only a small part of the case; and
Whereas, nonprofit groups evade the cap on the amount of legal fees that may be recovered. The base rate of costs may be increased when a case requires attorneys that have distinctive knowledge or a specialized skill necessary for the litigation; and
Whereas, attorneys for environmental-related nonprofits exploit this exception to bilk the federal government for millions of dollars in legal fees and costs. These awards often exceed the actual legal costs; and
Whereas, abuse and misuse of the EAJA stops development and active management of natural resources and instead advances radical ideologies.
Wherefore your memorialist, the House of Representatives of the State of Arizona, the Senate concurring, prays:
1. That the United States Congress entirely repeal or substantially amend the Equal Access to Justice Act to do the following:
(a) Close the loopholes that allow exorbitant fees to be awarded.
(b) Enact an eligibility cap on tax-exempt nonprofit entities' net worth.
(c) Enact a total award cap for a single case.
2. That the Secretary of State of the State of Arizona transmit a copy of this Memorial to the President of the United States Senate, the Speaker of the United States House of Representatives and each Member of Congress from the State of Arizona.