EAJA / ATTORNEY FEE PAYMENTS
In 2009, Karen Budd-Falen began researching how
national environmental groups were taking advantage of fee shifting
provisions contained within some of the most prominent federal
What she found was shocking!
At the most basic level, fee
shifting provisions provide compensation for citizens who bring
litigation against the federal government to enforce the federal laws.
This concept provides for a “checks-and-balances” of the
federal government by private citizens, and diminishes the worry of
those citizens that they cannot afford to bring a lawsuit.
While the premise of fee shifting statutes is admirable, some
national environmental groups have severely taken advantage of the
system – in some cases, earning hundreds of thousands of dollars for
lawsuits that enforce procedures, and don’t protect the environment.
Thus, Ms. Budd-Falen has brought to
light this controversy, presenting her findings at various conferences
and through various media outlets – including radio, newspaper, and
webcasts – throughout the West.
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