National Cattlemen’s Beef Association Past President Todd Wilkinson testified before a House Natural Resources subcommittee seeking reform of the Equal Access to Justice Act. EAJA was created to allow Americans to challenge government action without massive legal costs. Wilkinson, who is a rancher and attorney at DeSmet, South Dakota, said the program may have been well-intentioned, but it has been abused. “Too often, these lawsuits are filed with the sole purpose of coercing federal agencies into settlements that drive policy changes,” said Wilkinson. “That’s not responsible governance, that’s forced manipulation.” The ‘sue and settle’ strategy has been used, especially in environmental law with advocacy groups suing federal agencies, negotiating private settlements that bypass public input and normal rulemaking.
