[{"_1":2,"_100":-5,"_101":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,76,88],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},"mediaId",6327000,"mediaKeyId","2323473-c70d22fbe64cb63a328301f18f901a81","parentId",2323473,"title","Committee approves memorial urging Congress to tighten Equal Access to Justice Act for environmental cases","audioSeconds",478,"startMs",2796000,"endMs",3274000,"viewUrl","/Search/View?dp=1&key=2323473-c70d22fbe64cb63a328301f18f901a81&start=2796&end=3274","thumbnailUrl","https://assets.pipeline.soar.com/2323473-c70d22fbe64cb63a328301f18f901a81/thumbnail_2796000.jpg","articleUrl","/articles/6327000/Idaho/Committee-approves-memorial-urging-Congress-to-tighten-Equal-Access-to-Justice-Act-for-environmental-cases","mediaUrl","https://secure.pipeline.soar.com/6327000-326255a4acf32b60b919892d70a3f86e/orig.mp4?Expires=1771211661&Signature=OywtGuzS-bB29hS0~W-GebjGfPOaqiqRvIxm4ip3Mjk7fSvBSHXNRPMb7DyNeAnjOhmVFOqMNccDiqMekQ~QD1jfM4-d3bSgtHKhSJxKRYniHs9FBNVTyJGgwkzm8yxnoR4AkI6wYe5VtQTgQIW8zpmCAnUirtKShZbKMNwxL6ZlcKADKcIPXWlDd9DkMQsDmIc-zMDEvRZKEya43eqsGwcBDIxobt7rrFnvof7LmMOqHl0a3oDfxHWCL5EjbDls6bl7BQ~8iuOmcur8dKPi1ZvUY3qdCtKKpOl-t6hlOpV6~Vly7~Erud8JAWJrilsmaX3eFEtA-ZCzl6GEROJ-ag__&Key-Pair-Id=KUT5TJCACFTXG","author","Idaho House of Representatives","date","2025-02-17T00:00:00Z","article","House Joint Memorial 6, sponsored by Representative Mark Souder, asks Congress to reevaluate the Equal Access to Justice Act (EAJA) as it applies to environmental and natural-resource cases.

Souder told the committee the EAJA was intended to allow prevailing plaintiffs to collect legal fees against the federal government in certain circumstances, but he argued a 1989 Supreme Court interpretation had broadened eligibility in ways that, in his view, encourage litigation that delays natural-resource projects. “The purpose of the EAJA is to provide plaintiffs, citizens, an opportunity to collect legal fees when certain departments of the federal government have violated or misinterpreted laws or regulations of The United States,” Souder said.

Supporters included Russ Hendricks of the Idaho Farm Bureau, who told the committee the organization backs the memorial and is working with Idaho’s congressional delegation on changes to the federal statute. Several representatives spoke in favor on the floor of the committee, noting local economic impacts when projects are tied up in litigation.

Representative Souder moved the memorial to the House floor with a “do pass” recommendation and the committee approved the motion by voice vote. The transcript records broad member support and no roll-call tally.

What’s next: The memorial will be transmitted to the Idaho congressional delegation as a request to consider EAJA reform specific to environmental and natural-resource matters.","mediaType","Video","parentTitle"," Resources & Conservation February 17, 2025","oneSentenceSummary","House Joint Memorial 6, advanced by the Resource and Conservation Committee, asks Congress to reconsider how the Equal Access to Justice Act applies to environmental and natural-resource litigation; supporters said current practice encourages litigation that halts projects, while opponents were not recorded during testimony.","taxTitle","Resources & Environment, SENATE, Committees, Legislative, Idaho","taxId",57315,"location","Idaho","headline","","shortSummary",{"_33":77,"_35":36,"_37":38,"_39":78,"_41":79,"_43":80,"_45":81,"_47":82,"_49":83,"_51":84,"_53":85,"_55":56,"_57":58,"_59":86,"_61":62,"_63":64,"_65":87,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6327005,"Committee backs memorial urging Congress to delist grizzly bears and return management to states",767,2023000,2790000,"/Search/View?dp=1&key=2323473-c70d22fbe64cb63a328301f18f901a81&start=2023&end=2790","https://assets.pipeline.soar.com/2323473-c70d22fbe64cb63a328301f18f901a81/thumbnail_2023000.jpg","/articles/6327005/Idaho/Committee-backs-memorial-urging-Congress-to-delist-grizzly-bears-and-return-management-to-states","https://secure.pipeline.soar.com/6327005-975fad8b1d6cd1d40dcd8b4d41f942b9/orig.mp4?Expires=1771211661&Signature=o-8vn7QibETwiuSKS7AmQmYNCynyJzQqCM2Q5f9PTHgK3xRECsze~0fdOiGt~lz5onLhIf-haEn~x-8elOmdFHapj-r~fM9~d93gFoWg0HpIKEUtytFEas8s~NfmsjrdlM3qA28ZpBt4xQHwcBmSixEHBBuDXWrxvWHY3YWDE740Vrm56z1ZxTq5thzN7yDPm7du1N70jU0TfizMaxS8OmU9LsOTwcTbvq-1eSZlRef9~zwtZlDxPOJCX-DkOF5M2XWUgpm5DWgzJoz8JLY4CC7Q0ZWy49VJrl1rPAFZOIKRA5CJupXyNdCRLKgiipjpzvn-w1sjdmJhCNnIAaocOA__&Key-Pair-Id=KUT5TJCACFTXG","House Joint Memorial 4, sponsored by Representative Gerald Raymond, asks Congress and the president to delist the grizzly bear in the lower 48 states and to review the Endangered Species Act’s implementation in light of recent court guidance.

Representative Raymond said Idaho has “played a great role in making sure that grizzly is alive and well” and argued delisting would return management to state control.

Steve Nadeau, a retired state wildlife professional who said he had 30 years with Idaho Department of Fish and Game and holds a master’s degree studying grizzly–human conflicts, told the committee that delisting requires more than population counts. Nadeau said two of five factors for delisting — habitat/range and regulatory mechanisms — have not been fully addressed and cautioned that the state lacks a permanent grizzly management plan. He advised the committee to “do nothing” on a memorial and instead support biologists and interagency work to demonstrate Idaho can manage bears safely.

Representatives of agricultural interests including Russ Hendricks of the Idaho Farm Bureau supported the memorial, saying recovery goals have been met and that landowners are living with growing local conflicts. Hendricks told the committee he and his members “support House Joint Memorial 4,” and urged lawmakers to send it to the floor.

Committee members debated whether Idaho currently has a management plan adequate for delisting. Representative Church said she would vote no because she had not seen an updated management plan; Representative Gallavez said interagency conservation strategy conversations are underway and supported advancing the memorial.

The committee approved the memorial by voice vote. The chair declared the ayes had it and the memorial will go to the House floor for consideration.","The Resource and Conservation Committee voted to send House Joint Memorial 4 to the House floor urging Congress and the president to reconsider federal grizzly-bear protections and return management to the states; testimony included a retired Fish and Game official who urged caution and recommended the committee not act precipitously.",{"_33":89,"_35":36,"_37":38,"_39":90,"_41":91,"_43":92,"_45":93,"_47":94,"_49":95,"_51":96,"_53":97,"_55":56,"_57":58,"_59":98,"_61":62,"_63":64,"_65":99,"_67":68,"_69":70,"_71":72,"_73":74,"_75":74},6327010,"Committee advances bill letting Idaho constitutional defense council consider state help for grazing and water-rights lawsuits",1939,82000,2021000,"/Search/View?dp=1&key=2323473-c70d22fbe64cb63a328301f18f901a81&start=82&end=2021","https://assets.pipeline.soar.com/2323473-c70d22fbe64cb63a328301f18f901a81/thumbnail_82000.jpg","/articles/6327010/Idaho/Committee-advances-bill-letting-Idaho-constitutional-defense-council-consider-state-help-for-grazing-and-water-rights-lawsuits","https://secure.pipeline.soar.com/6327010-e82dc08b4343b0c97a80bdcd464bd497/orig.mp4?Expires=1771211661&Signature=DZC~BE0ZwGnC~fWQCBVFzSMpv0m9-nahbiAjecJ5AydjnIvZ~mWEuBTnJXeec1Pwa11z8zZw-U9IwM4SrpIn5h~30543xMhBL~q3C7-0CvsE1w5s5gC73fuZsjo6TAVHV~fgicAjhFBkEAXI59oGVVWDMZxJk648jzUAmrcrcCznDxv6DKG4-pp9H0~hJb6bQ2r7wzZranC3mXwWeuEbgwWyNyvZiZBPfR6ma24XabKfDoFr2RLVZ~fIeq6UvuliJHHu8puz0K2D4kL-ZC2~u-9SgV0s1nPuCLPUZkSQU2bMub4ZCuW1gZJoCMBEQnDkjutZiyOFqUIcc7tC3C0LqA__&Key-Pair-Id=KUT5TJCACFTXG","House Bill 148, sponsored by Representative Bruce, would allow Idaho citizens involved in federal lawsuits about grazing or water rights to petition the Constitutional Defense Council to request state assistance from the constitutional defense fund.

The bill’s sponsor, Representative Bruce, told the committee the measure “outlines the process for Idaho citizens involved in legal proceedings with the federal government concerning grazing and or water rights to request state assistance from the constitutional defense fund.” He said the bill specifies criteria and procedures the council would use to consider requests and the types of assistance it might offer.

Supporters said the bill narrows a path for the state to defend broad public interests. Russ Hendricks, speaking for the Idaho Farm Bureau, said the organization “support[s] House Bill 148” and that its policy allows reimbursing reasonable attorney fees when private parties must act to protect Idaho sovereignty. Pachi Phillips, representing the Idaho Association First, also stated the group’s support and said the measure was intended to be forward-looking, not retroactive.

Opponents raised constitutional and statutory concerns. Jonathan Oppenheimer, government relations director for the Idaho Conservation League, urged the committee to hold the bill and cited a February 2009 attorney general letter and Idaho statutory language he said limit the council’s authority. Oppenheimer warned the bill, as written, could authorize reimbursement of private legal costs and quoted the state’s long-standing restriction that appropriations must serve a public purpose.

Lawmakers questioned whether the bill would expand costs to the fund. Representative Andrews asked about the fiscal note, which states the fund already exists and lists no new appropriation; he asked whether expanding permissible uses could increase expenditures. Representative Bruce replied, “This does not compel them to spend any money,” adding the council retains discretion whether to take cases and that the bill does not require the fund to be used.

Members also debated whether the bill would allow petitions before, during or after litigation. Bruce said petitioners could bring matters to the council while a case is pending or after it is resolved but that the bill is not intended to reach back to cases that predate the statute’s effective date.

After testimony and debate, the committee voted by voice to send House Bill 148 to the House floor with a “do pass” recommendation. The chair declared, “I believe the ayes have it,” after a voice vote in which at least one member responded “nay”; the record did not include an exact roll-call tally.

What’s next: HB 148 will be considered by the full House. The committee record shows public witnesses for and against the bill and that members requested clarification of retroactivity and potential fiscal exposure before floor debate.","The Resource and Conservation Committee voted to send House Bill 148 to the floor with a “do pass” recommendation after debate over whether the measure would be retroactive and how much the constitutional defense fund might be used to reimburse private legal costs in suits against the federal government.","actionData","errors"]

Article not found

Committee approves memorial urging Congress to tighten Equal Access to Justice Act for environmental cases

Committee backs memorial urging Congress to delist grizzly bears and return management to states

Committee advances bill letting Idaho constitutional defense council consider state help for grazing and water-rights lawsuits