EQUAL ACCESS TO JUSTICE ACT – States findings of the Legislature and calls on Congress to amend the Equal Access to Justice Act.

68th Legislature, 1st Regular Session (2025)

Idaho asks Congress to amend EAJA so attorney fees in environmental/natural-resource cases are limited to wins on the central issue, cutting delays to development.

Delivered to Secretary of State at 11:46 a.m. on March 25, 2025

#courts #environment #federallawsandrelations #landuse #legislature #memorials #naturalresources

Type and status

Type: Joint Memorial

Title: Equal Access to Justice Act – Memorial urging Congress to amend the Equal Access to Justice Act (EAJA)

Introduced: February 10, 2025

Status: Delivered to Secretary of State at 11:46 a.m. on March 25, 2025

Legislative actions: Included passage through House and Senate in March 2025, with final transmission to federal representatives as part of the memorial’s process

Purpose and intent

HJM 6 expresses the Idaho Legislature’s view on the federal Equal Access to Justice Act (EAJA) and respectfully requests Congress to amend EAJA. The memorial argues that, as currently structured, EAJA can enable litigation against federal actions related to natural resources and environmental matters even when the government’s position is not substantially justified, and in some cases may fund efforts that delay development and resource projects in Idaho. The memorial specifically asks that moneys awarded under EAJA be limited to instances where a party prevails on its central issue in environmental or natural resource cases.

Key provisions and changes sought

The memorial cites relevant EAJA background:

EAJA ( enacted around 1980/1981) authorizes attorney’s fees and certain costs for individuals, small businesses, and others who prevail against the federal government when the government’s position is not substantially justified.
The John D. Dingell, Jr. Conservation, Management, and Recreation Act of 2019 requires annual reporting to Congress and a searchable database of EAJA fee awards.

Idaho’s position highlights:

Large EAJA expenditures in fiscal year 2023 (total awards: $115,476,482.59; Interior: $2,868,732.63; EPA: $1,408,792.88).
Legal principle from the Supreme Court that partial success on central issues can trigger benefits, even if all claims are not won.
Concerns that EAJA funding has been used to oppose development and resource extraction, adversely affecting Idaho livelihoods dependent on land and resource projects.

The memorial’s demand:

Federal intervention to amend EAJA so that fee awards are limited to cases where a party prevails on its central issue in environmental or natural resource matters.

Who/what would be affected

The proposed change would affect federal appellate and district court litigation involving environmental and natural resource issues where EAJA-funded awards are at stake.

While the memorial itself is nonbinding on federal law, it signals Idaho’s policy goals and urges Congress to adjust federal practice regarding EAJA fee awards.

Fiscal and procedural notes

Fiscal impact: The Idaho fiscal note states there is no fiscal impact from adopting the memorial.

Procedural timeline (highlights):

Introduced 02/10/2025
Reported out of committee 03/12/2025
Readings and floor actions in February and March 2025
Passed the Senate and House in March 2025
Enrolled and transmitted to Secretary of State on 03/25/2025

Bottom line

HJM 6 is Idaho’s formal request to Congress to reform EAJA procedures to ensure that awards of attorney’s fees in environmental and natural resource cases require prevailing on the central issue, aiming to reduce potential use of EAJA to fund litigation that could delay development or resource projects in Idaho. It carries no direct fiscal impact but seeks a significant federal policy change.

Bill