Equal Access to Justice Act
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| Equal Access to Justice Act | |
|---|---|
| Name | Equal Access to Justice Act |
| Enacted by | United States Congress |
| Enacted | 1980 |
| Effective | 1981 |
| Statutory citation | Public Law 96–481 |
| Signed by | Jimmy Carter |
| Status | in force |
Equal Access to Justice Act is a United States statute enacted in 1980 to allow prevailing litigants to recover attorney fees and other expenses from federal agencies in certain administrative and civil litigation. The Act was signed by Jimmy Carter following debates in the 95th United States Congress and the 96th United States Congress over access to federal courts, judicial costs, and bureaucratic accountability. It interacts with statutes such as the Administrative Procedure Act and has influenced litigation before the Supreme Court of the United States and federal circuit courts, affecting litigants including individuals, small businesses, and nonprofit organizations.
Background and Purpose
The Act arose amidst concerns addressed in hearings involving figures from the Federal Trade Commission, Securities and Exchange Commission, and Department of Justice about burdens on claimants seeking review of administrative actions. Sponsors in the United States House of Representatives and United States Senate cited precedents from cases decided by the Supreme Court of the United States, and referenced reform efforts connected to the Administrative Procedure Act and congressional oversight of agencies like the Internal Revenue Service and Social Security Administration. Its purpose was to reduce the deterrent effect of litigation costs on parties challenging federal agency action, promote accountability for agencies such as the Environmental Protection Agency and Department of the Interior, and align fee-shifting practices with principles found in statutes like the Civil Rights Act of 1964 and the Freedom of Information Act.
Provisions and Eligibility
The statute provides that eligible prevailing parties may recover attorneys' fees, expert witness fees, and other costs when they prevail against a United States agency unless the agency’s position was substantially justified or special circumstances make an award unjust. Eligibility covers individuals, corporations, associations including entities like National Association of Manufacturers-type organizations, and small entities comparable to firms represented before the Securities and Exchange Commission; eligibility criteria reference definitions used by the Small Business Administration. The Act sets numerical limits on hourly rates tied to standards established by the Attorney General of the United States and follows standards analogous to fee-shifting in cases under the Civil Rights Attorneys' Fees Awards Act of 1976 and the Freedom of Information Act. Exceptions apply for suits against the United States Court of Federal Claims and for certain claims where alternative fee-shifting provisions exist, intersecting with statutes like the Taxpayer Bill of Rights and veterans' benefit adjudications before the Board of Veterans' Appeals.
Application and Award Process
A prevailing party must submit a fee application to the relevant federal agency within a statutory deadline, specifying hours, rates, and costs, and including a statement of net worth where required for individuals or small businesses. Agencies such as the Social Security Administration, Environmental Protection Agency, Department of Labor, and Department of Homeland Security evaluate applications under guidance influenced by decisions from the United States Court of Appeals for the D.C. Circuit and the United States Court of Appeals for the Federal Circuit. When agency awards are denied or reduced, claimants often seek review in the United States district courts or appropriate federal appellate courts, relying on standards articulated in precedents from circuits including the Second Circuit and Ninth Circuit. The Act mandates administrative procedures that intersect with rulemaking under the Administrative Procedure Act and forms demands similar to filings in litigation before the United States Supreme Court.
Judicial Review and Appeals
Disputes over awards proceed to judicial review in federal courts where judges apply deferential standards to agency factual findings but review legal conclusions de novo. Key questions include whether the agency's position was substantially justified and whether fee amounts are reasonable, issues litigated in the United States Court of Appeals for the D.C. Circuit, the United States Court of Appeals for the Federal Circuit, and other circuits producing a body of circuit split jurisprudence. The Supreme Court of the United States has addressed related fee-shifting principles in cases involving statutes such as the Civil Rights Attorneys' Fees Awards Act of 1976 and has been referenced in petitions seeking certiorari on interpretations of the Act. Appellate decisions often consider factors derived from precedents in the Second Circuit, Third Circuit, Fourth Circuit, Fifth Circuit, Eleventh Circuit, and D.C. Circuit.
Impact and Criticism
The Act has enabled litigants including individuals, public interest organizations like American Civil Liberties Union-type entities, and trade associations to obtain fee relief against agencies such as the Environmental Protection Agency and Department of Commerce, affecting litigation strategies before agencies like the Federal Communications Commission and tribunals like the Board of Immigration Appeals. Critics from scholars at institutions such as Harvard Law School, Yale Law School, and think tanks including the Brookings Institution argue that the Act can encourage defensive agency litigation, increase litigation costs for taxpayers, and produce uneven results across circuits. Supporters from organizations such as the American Bar Association contend it promotes access to courts for claimants confronting agencies like the Internal Revenue Service or Social Security Administration. Empirical studies by researchers affiliated with universities like Stanford University and University of Chicago have examined award patterns, while congressional oversight by committees such as the House Judiciary Committee and Senate Judiciary Committee has periodically considered reforms.
Notable Cases and Precedents
Major decisions shaping interpretation include circuit rulings and Supreme Court cases that clarified “substantially justified” standards and fee calculation methods; courts such as the United States Court of Appeals for the Federal Circuit and the United States Court of Appeals for the D.C. Circuit have produced influential opinions. Litigation involving agencies like the Environmental Protection Agency, Social Security Administration, and Department of Labor generated precedent on scope, procedural requirements, and limits of awards. Prominent litigants have included nonprofit organizations, industry groups, and individuals whose appeals reached the United States Court of Appeals for the Ninth Circuit, Second Circuit, and occasionally the Supreme Court of the United States for certiorari on pivotal legal questions.