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)

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10. HCM 2013

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