Proposed Reforms Seek to Restrict ‘Sue-and-Settle’ Attorney Fees in Environmental Lawsuits

House Republicans want to amend 1980 law that allows ’serial litigants’ to misuse federal agencies. Democrats say pondered changes deny equal access to courts.

Grass-fed cows roam the ranch of R.C. and Annia Carter outside of Ten Sleep, Wyo., on Oct. 14, 2025. John Fredricks/The Epoch Times

In 2024, the United States paid more than $119.3 million in legal fees to attorneys who won 15,710 court rulings and settlements on behalf of individuals, small businesses, and nonprofits, with more than $107 million of those awards paid by the Social Security Administration and Department of Veterans Affairs.

Under the 1980 Equal Access to Justice Act, or EAJA, attorneys representing individuals with a net worth below $2 million, businesses with a net worth below $7 million, and nonprofits can file a claim for the government to pay their fees if a judge determines an agency’s action was “not substantially justified” or a case is adjudicated to avoid legal proceedings.