Abuse of the Equal Access to Justice Act by Environmental NGOs

The House Committee on Natural Resources GOP held a hearing on December 11, 2025, to examine alleged abuses of the Equal Access to Justice Act (EAJA) by environmental non-governmental organizations (NGOs). The discussion focused on concerns that well-funded environmental groups have exploited EAJA to fund repeated litigation against federal agencies, resulting in approximately $24.8 million in awards between fiscal years 2019 and 2024, with 76% going to environmental nonprofits. Witnesses and members debated the impact of these lawsuits on federal land management, infrastructure projects, and agency budgets, highlighting issues such as inflated attorney fees, procedural litigation tactics, and the exemption of 501(c)(3) organizations from net worth caps. Proposals for reform included applying net worth caps to nonprofits, limiting the number and amount of awards, and increasing transparency in EAJA payouts. Opponents of reform emphasized EAJA's role in providing access to justice for small entities and criticized attempts to restrict it as favoring polluters. The hearing included testimony from ranchers, legal experts, and representatives of conservation and industry groups, with bipartisan calls for balancing access to justice with preventing abuse and protecting taxpayer resources.