Republicans in the U.S. House of Representatives held a hearing on Oct. 11 as part of an effort to cap attorney fees under the Equal Access to Justice Act (EAJA).  The legislation, H.R. 1996 (pdf), takes specific aim at attorney fee awards under the EAJA statute.  The EAJA allows attorney fees to be awarded to those who win litigation against the federal government.  Republicans incorrectly claim that environmental and other non-profit groups are somehow getting rich on attorney fees and using those fees as substantial funding sources for their organizations.

"We're opposed to the legislative effort to cap attorney fee awards in EAJA litigation," said Terry Jesse, executive director of NALFA.  “These groups perform valuable public interest litigation and even if they're earning big fee awards, what's wrong with that?; it's terrific for them.  Attorney fee awards are earned for the work done in litigation.  Judges should determine reasonable attorney fee awards, not politicians," Jesse concluded.