Today, Congresswoman Cynthia Lummis (WY-At large) and Western Caucus Chairman Rob Bishop (UT-01) teamed up to introduce the “Open EAJA Act of 2010.” The legislation [H.R. 4717] seeks to provide increased transparency within the Equal Access to Justice Act (EAJA) by tracking millions of federal taxpayer dollars used to fund costly environmental litigation. EAJA was established in 1980 with the intent to help individuals and groups with limited means seek judicial redress from the federal government. A citizen, small business or special interest group that prevails in litigation brought against the federal government may recover fees and expenses. For nearly 15 years, the lack of accountability and transparency has made way for rampant abuse of EAJA, reaching far beyond its original intent. Research conducted by a Wyoming law firm revealed that over the past 15 years, 14 environmental groups have brought over 1,500 federal cases in 17 states and the District of Columbia, and have collected over $37 million in taxpayer dollars through EAJA or other similar laws. Specifically, H.R. 4717 would reinstate and consolidate tracking and reporting requirements of EAJA payments under the Department of Justice (DoJ), and:
· Require the DoJ to issue an annual, online report to Congress regarding the amount of fees and other expenses awarded during the preceding fiscal year
· Ensure that the report provided to Congress be made available to the public online and include:
§ the name of the party seeking the award of fees
§ the agency to which the application for the award is made
§ the name of the administrative judges involved in the case
§ the hourly fees of all attorneys and expert witnesses
· Request that the Comptroller General commence an audit of past actions taken under the Equal Access to Justice Act. Once complete, the audit must be reported to Congress...Press Release
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