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 also points out that the EAJA has been misused to fund litigation that obstructs development and resource extraction, ultimately harming Idaho citizens whose livelihoods depend on these activities.
In response to these concerns, 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. The resolution aims to ensure that taxpayer dollars are not inappropriately allocated to litigation that hinders development efforts in Idaho. The memorial concludes by directing the Chief Clerk of the House of Representatives to send copies of the resolution to relevant congressional leaders and Idaho's congressional delegation.