Barrasso, Grassley Fight Activist Lawsuits

Press Release

Today, U.S. Senator John Barrasso (R-WY) and Senate Judiciary Committee Chairman Chuck Grassley (R-IA) introduced the Open Book on Equal Access to Justice Act. The legislation prevents abuse of the Equal Access to Justice Act (EAJA) by large environmental groups and others who frequently challenge the federal government in court.

The Open Book on Equal Access to Justice Act will increase transparency by creating a public database where fees paid under EAJA are clearly listed and available to the public. Under the bill, veterans, social security claimants, individuals and small businesses will still have full access to EAJA funds.

"For far too long, special interest groups have funded their anti-multiple use agenda with Americans' hard earned taxpayer dollars," said Barrasso. "It's absolutely absurd that Washington pays outside groups to repeatedly sue our government. It's time to return EAJA back to its original intent of helping our nation's veterans, seniors and small businesses. Our bill will restore accountability and transparency."

"I've been a strong supporter of the Equal Access to Justice Act since day-one. Hard-working Americans and small businesses shouldn't be discouraged from challenging executive overreach in court just because they're at a financial disadvantage," Grassley said. "I'm proud of the good that the law has accomplished over the years. But to make sure it's continuing to be used appropriately--and not abused to advance political agendas--Congress and the public should know where taxpayer dollars are going. As I've said many times before, transparency yields accountability. The Open Book on Equal Access to Justice Act will let the sunshine in and give us the tools necessary to ensure the integrity of the law."

The Open Book on Equal Access to Justice Act is co-sponsored by Senators Jeff Flake (R-AZ), Mike Enzi (R-WY) and Jim Risch (R-ID). The companion bill was led in the House of Representatives by Representative Doug Collins (GA-09).

Background:

EAJA was passed in 1980 to help individuals, small businesses and nonprofit organizations with limited access to financial resources defend themselves against harmful government actions. EAJA allows for the reimbursement of attorney's fees and costs associated with suing the federal government. When operating correctly, EAJA allows plaintiffs who sue the federal government to recover part of their attorney's fees and costs if they "prevail" in the case.

Congress and the agencies halted tracking and reporting of payments made through EAJA in 1995.

According to research by a Wyoming law firm, 14 environmental groups have brought more than 1,200 such federal cases in 19 states and the District of Columbia, and have collected more than $37 million in taxpayer dollars through EAJA or other similar laws.

Those numbers do not include settlements and fees sealed from public view. An independent study from Virginia Tech University discovered similar findings as a result of a comprehensive Freedom of Information Act request to five federal agencies. The Virginia Tech study also revealed that two of these agencies could provide absolutely no data on EAJA payments.

Source