Abuse of the Equal Access to Justice Act by Environmental NGOs - December 10, 2025

On December 10, 2025, the House Natural Resources Subcommittee on Oversight and Investigations held a hearing titled “Abuse of the Equal Access to Justice Act by Environmental NGOs.” Republican members argued that the 1980 EAJA, originally designed to help small businesses and individuals recover attorney fees when they defeat unjustified federal actions, has been hijacked by well-funded environmental groups. These groups, they said, file repetitive lawsuits, force “sue-and-settle” agreements, collect taxpayer-funded fees even without fully prevailing, and use the money to finance more litigation that delays energy, grazing, timber, and infrastructure projects.Witnesses testified that the lack of mandatory reporting since 1995 has hidden hundreds of millions in payouts. They called for renewed transparency, asset caps to exclude wealthy NGOs, and limits on fee awards in settlements. Democrats countered that EAJA remains essential for holding agencies accountable to environmental laws like the Endangered Species Act and NEPA, and that restricting it would allow federal violations to go unchecked.The two-hour hearing underscored sharp partisan divides over litigation as a tool of environmental policy, with Republicans framing it as taxpayer abuse and Democrats as vital democratic oversight.
Witnesses:
Regina Lennox – Senior Litigation Counsel, Safari Club International
Todd Wilkinson – Rancher, Attorney, and Former President, National Cattlemen’s Beef Association
Travis Joseph – President and CEO, American Forest Resource Council
Daniel Rohlf – Professor of Law and Director, Earthrise Law Center, Lewis & Clark Law School