Equal Access to Justice Act (EAJA)

Ever wonder where the environmentalists get money to finance their legal onslaught on Rural America? From you and me. Our money is used to bring about our demise.

The original intent of the Equal Access To Justice Act was to make government more accountable to the little guy by allowing the little guy to sue government and recover modest legal fees if he or she won. At least, that was what we were told. The Act, however, is now being used to finance the war on Rural America. Although both sides should be able to use such funds, it is the experience of noted attorney Karen Budd-Falen that 98% of these proceeds go to the other side due to government bias.

There is an effort to restore this Act to its original intent. House Resolution HR-1996 is a prime example of the efforts we need to support.


News & Views

20120514 Federal judge rules excessive EAJA attorney fees were paid to conservation group.

20120508 Environmental groups collect millions from federal agencies they sue.

20110222 EAJA amendment to limit abuse of EAJA passes House.

  1. “The Equal Access to Judgement Act (EJA) was a good idea when it was first enacted. ... But EAJA has been hijacked by a litigious element of the environmental movement that files hundreds of petitions to list endangered species under the Endangered Species Act which cannot be processed within the statutory time limits due to federal budget constraints. Then these groups sue the feds for the feds’ failing to act in a timely fashion and then the litigious environmental group they get their legal fees paid so they can file more listing petitions and lawsuits. Same for habitat conservations plans ... once a species is listed the next step is a habitat conservation plan. The litigious environmental groups demand the plan, the feds don’t act quickly enough, and another lawsuit and then another payment to the environmental group. We the US taxpayers are paying for this abuse of EAJA by litigious environmental groups. We the taxpayers are financing the jihad against Western ranching and other land uses.”

20111206 Karen-Budd Falen testified before the House Committee on Natural Resources. Included in her testimony was an example of how environmental groups are handsomely paid, by the government, to sue the government. Western Watersheds Project, an environmental group, was paid $238,163.00 for suing the U.S. Fish and Wildlife Service three times. Over what? Slickspot peppergrass.

Reference

  1. The Act, as codified

  2. Related court cases

  3. Wikipedia

  1. Karen Budd-Falen

  2. Karen is the daughter of a 5th-generation rancher in Wyoming. She became an attorney to save her father’s ranch, then built a law practice that has become well-respected for fighting to Defend Rural America.

  3. hear: Karen discuss EAJA with Kirk MacKenzie and on the Walls In Our Minds radio show.

  4. read: Karen’s letter regarding EAJA.

  5. read: House Resolution HR-1996.

  6. email: Karen Budd-Falen

  7. website: Budd-Falen Law Offices LLC

  1. Ray Haupt

  2. Ray is a retired US Forest Service District Ranger with 33 years of service. He is a registered professional forester and currently teaches two days a week. He provides an inside look into EAJA.

  3. hear: Ray discuss EAJA from someone who dealt with it from inside the Forestry Service.

  4. read: The Process Predicament. Excellent resource.

  5. email: Ray Haupt

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Kirk MacKenzie

Founder

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650-380-8027

Skype: kirkmack1

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