8.6 Equal Access to Justice Act

The Equal Access to Justice Act (EAJA) was passed to aid small business, public interest groups, and individuals forced to sue or defend against the government in order to secure some right, privilege, or interest. Under EAJA, these individuals or small businesses can obtain reimbursement of attorney fees if the individual or small business prevails in litigation.

  • NASDA supports policies, including those of the Equal Access to Justice Act (EAJA), that facilitate the ability of agricultural producers and other permittees on public lands to fully participate in the court system in order to address unreasonable government action. 
  • NASDA supports policies that provide reasonable reimbursement of attorney fees to prevailing individuals, small businesses, and public interest organizations in litigation intended to address unreasonable government action. 

In order to guard against abuse of the EAJA and to help protect agricultural producers from onerous and excessive litigation, NASDA supports policies that:

  • Provide greater transparency into the amount of funding provided to prevailing parties under the EAJA. This transparency should also include an accounting of the recipients of these funds. 
  • Ensure a level playing field for recipients of EAJA reimbursements. Individuals and small businesses are subject to net-worth limits to qualify for reimbursement under the EAJA; appropriate limitations should be set to restrain the ability of non-profit activist organizations to abuse the system.
  • Enhance the ability of agricultural producers and other permittees on public lands to intervene in cases that could have direct financial consequences and other negative implications on these parties.