NCBA Highlights Concerns Over EAJA Abuse at Congressional Hearing
The House Natural Resources Subcommittee on Oversight and Investigations held a hearing earlier this week examining the Abuse of the Equal Access to Justice Act (EAJA). The session focused on how the law—originally designed to help citizens challenge federal actions—has shifted over time due to increased litigation from environmental groups.
Testifying before the committee, Todd Wilkinson, former President of the National Cattlemen’s Beef Association (NCBA), outlined how EAJA’s lack of oversight has opened the door to repeated, strategic lawsuits that burden federal agencies and influence policy through settlements rather than through transparent regulatory processes.
Wilkinson stated, “EAJA was created with the best intentions, to allow Americans to challenge government actions without facing crushing legal costs. Unfortunately, like so many well-intentioned programs, it became vulnerable to abuse when oversight faded. Today, EAJA allows payments not only to parties who prevail in court but also to those who settle or enter consent decrees.”
He emphasized that this loophole has enabled “radical environmental groups” to secure EAJA-funded legal fees while using settlements to pressure agencies into policy changes. “Too often, these lawsuits are filed with the sole purpose of coercing federal agencies into settlements that drive policy changes. That’s not responsible governance – that’s forced manipulation.”
Wilkinson urged Congress to pursue reforms that would restore the act’s original purpose by:
- Strengthening reporting requirements
- Establishing financial limitations for tax-exempt organizations
- Capping legal fees paid to groups under EAJA
Rising Costs and Repeat Litigation
According to NCBA’s testimony, the financial strain caused by sue-and-settle tactics has compounded for more than a decade. The organization referenced prior findings from the business community, noting:
“In 2013, the U.S. Chamber of Commerce found that 71 sue-and-settle cases resulted in more than 100 new regulations and more than $100 million in new annual compliance costs for federal agencies. Since that time, costs have continued to stack up, straining already tight budgets and greatly reducing government efficiency.”
NCBA argues that while EAJA imposes reasonable limits on individuals and businesses, those limits should also apply to nonprofit groups whose primary mission is litigation. “Groups whose sole mission is to sue the federal government should not be able to continue coming back to EAJA to fund their political efforts.”
Audio Reporting by Dale Sandlin for Southeast AgNet.