House Joint Memorial No. 6 expresses the concerns of the Idaho Legislature regarding the Equal Access to Justice Act (EAJA) of 1980, which allows for the awarding of attorney's fees and expenses to individuals and entities that prevail against the federal government in legal proceedings. The memorial highlights the significant financial impact of EAJA awards, noting that in fiscal year 2023, federal agencies paid over $115 million in such awards. It emphasizes that the EAJA has been misused to fund litigation that obstructs development and resource extraction, adversely affecting Idaho citizens whose livelihoods depend on these activities.
The memorial calls for federal legislative action to amend the EAJA, specifically requesting that awards be granted only when a party prevails on the central issue in cases related to environmental or natural resource matters. This proposed change aims to ensure that taxpayer dollars are not used to support litigation that hinders development efforts in Idaho. The memorial concludes with a directive to forward a copy to relevant congressional leaders to advocate for this legislative change.