{"product_id":"inside-the-equal-access-to-justice-act-9781442257443","title":"Inside the Equal Access to Justice Act","description":"\u003cb\u003eBook Synopsis\u003c\/b\u003e\u003cbr\u003e\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTrade Review\u003c\/b\u003e\u003cbr\u003eHistorians and other scholars of US environmental politics will find a scrupulously narrated account of the political milieu from which this legislation emerged, along with its evolution over recent decades, in the book’s first four chapters. Assembled from an impressive array of interview notes and archival texts, these accessible chapters detail the original objectives for and later impacts of this important statute…. Baier’s detailed policy history of the EAJA should be of interest to scholarly and lay readers alike. * Environmental History *\u003cbr\u003eWe have here a book of truth and power. Lowell Baier in his thoughtful and powerful publication shows our history—first of abuse and more recently of our effort to protect this magnificent country and world. -- Representative John D. Dingell, (D) Michigan\u003cbr\u003eThis masterful work of scholarship flawlessly proves that today’s new paradigm of cooperative conservation and federalism in endangered species conservation is a far more responsible endeavor with measurable results than can ever be achieved by combative saturation litigation and court intervention. -- Theodore Roosevelt, IV, Honorary Chair, League of Conservation Voters and Governing Council, The Wilderness Society\u003cbr\u003eLowell E. Baier's Inside the Equal Access to Justice Act is an important history of how American land conservation battles have played out in courts. All environmentalists should read this well written book. Highly recommended! -- Douglas Brinkley, Rice University, author of Rightful Heritage: Franklin D. Roosevelt and the Land of America and Wilderness Warrior: Theodore Roosevelt and the Crusade for America\u003cbr\u003eWith more than 1,100 species currently under court-ordered consideration for listing under the Endangered Species Act, Lowell Baier’s powerful research forces all conservationists to question the efficacy of the current system and whether a more scientific and collaborative approach would produce better results for wildlife in the 21st Century. -- Collin O'Marra, President and CEO, National Wildlife Federation\u003cbr\u003eMinutely and extraordinarily researched, masterfully written in a voice that rings with authority from a tremendous depth of knowledge, it will transform your view of environmental litigation and its politics and players. -- Jack Ward Thomas, Chief Emeritus, U.S. Forest Service\u003cbr\u003eThis book is the story of how decades of aggressive environmental litigation have eroded the core missions, expertise and effectiveness of America’s land, wildlife and water management agencies. It poses the serious question of how the public land mass comprising one-third of the United States can be effectively managed in the 21st century, and the consequences the remaining two-thirds will suffer from unchecked litigation. -- Representative Cynthia M. Lummis, (R) Wyoming\u003cbr\u003eLowell Baier has been a lifelong  champion for conservation, carrying on the legacy of President Theodore Roosevelt. This book on America’s lands litigation is a must read for all who care about the conservation of our wonderful national crown jewels. -- Kenneth L. Salazar, Former Secretary of the Interior and Senator (D) from Colorado\u003cbr\u003e“Baier has produced an intellectual tour de force with the publication of Inside the Equal Access to Justice Act. The focus of this book is the need to reform the Equal Access to Justice Act (EAJA) because of unintended provisions that incentivize and reward environmental litigants for filing suit against federal regulatory and land management agencies, and consequentially hinder proactive cooperative efforts. . . . Baier, a seasoned lawyer, political scientist, historian, and one of America’s leading conservationists, peels back layers of proverbial onion to reconstruct a fascinating story about how this law came into existence and the twist of fate that led to a seemingly minor provision being inserted that eventually opened the floodgates of environmental litigation.” -- John F. Organ, Chief, Cooperative Fish and Research Units, U.S. Geological Survey (appearing in Fair Chase Magazine)\u003cbr\u003e\u003cbr\u003e\u003cb\u003eTable of Contents\u003c\/b\u003e\u003cbr\u003eTable of Contents Title Page List of Illustrations Prologue: Environmental Litigation and Its Consequences Author’s Acknowledgments Chapter 1: The Growth of Government Regulation in the United States\t\t\t The New Deal and the Foundation of the Administrative State\t\t\t The Administrative Procedure Act and Control Over Agencies\t\t\t Expanding Entitlements\t\t\t\t\t\t\t\t The Great Society: Kennedy and Johnson\t\t\t\t\t\t The Era of Public Interest Law: Civil Rights, Consumerism and Environmentalism\t\t\t\t\t\t\t\t\t\t\t Environmental Litigation and Broadening the Waiver of Sovereign Immunity\t Chapter 2: The Development of the Equal Access to Justice Act\t\t\t\t Early EAJA Proposals: Expanding the Public Interest Mandate\t\t\t Narrowing and Focusing the Legislation: Responding to a Devastating Economic Crisis and Bureaucratic Blitzkrieg\t\t\t\t\t\t EAJA: The Evolution of a Unique Small Business Bill\t\t\t\t The 1980 Presidential Election and the Reagan Revolution\t\t\t\t Wisconsin’s 1980 2nd District Congressional Election Campaign: A Microcosm of the Presidential Election\t\t\t\t\t\t\t The Voice of the Silent Majority: America’s Small Business Community Resonates Through the Presidential Election Campaign\t\t\t\t 1980 EAJA Hearings and Chairman Kastenmeier’s Dilemma\t\t\t The September 3-4, 1980 Mark-Up of EAJA S. 265: Resurrection of a Pariah, the 501(c)(3) Financial Exemption\t\t\t\t\t Paranoia in the Capitol: EAJA’s Enactment Becomes Politically Pragmatic\t\t Chapter 3: Use and Amendment of the Equal Access to Justice Act from 1981 to 1985\t EAJA 101: How It Works\t\t\t\t\t\t\t\t Moving EAJA from Temporary Legislation to Permanent Legislation\t\t The Financial Exemption for 501(c)(3) Organizations\t\t\t\t President Regan’s Rejection of EAJA’s Reauthorization\t\t\t\t Chapter 4: Success and Expansion of the Equal Access to Justice Act After 1985\t\t Expanding EAJA’s Coverage and Reporting EAJA’s Successes\t\t\t Imitating EAJA\t\t\t\t\t\t\t\t\t Successful Users of EAJA\t\t\t\t\t\t\t\t \tSmall Businesses\t\t\t\t\t\t\t\t \t\tVeterans\t\t\t\t\t\t\t\t\t \t\tSocial Security Beneficiaries\t\t\t\t\t\t\t \t\tNative Peoples\t\t\t\t\t\t\t\t \t\tImmigrants\t\t\t\t\t\t\t\t\t \tExceptions: Cases Where EAJA Does Not Apply\t\t\t\t\t \tRegulatory Shifts in the 1980’s and 1990’s\t\t\t\t\t\t \tFurther Amendments to EAJA\t\t\t\t\t\t\t Chapter 5: The Universe of the Eco-Crusaders\t\t\t\t\t\t \tThe Constellation of Environmental Advocates\t\t\t\t\t \tThe First Generation: 1886 – 1936\t\t\t\t\t\t\t \tThe Second Generation: 1947 – 1970\t\t\t\t\t\t\t \tThe Third Generation: 1970 – 2000\t\t\t\t\t\t\t \tAnthropocentric Versus Biocentric Man, and Deep Ecology\t\t\t\t \tThe Secret World of Animal Rights\t\t\t\t\t\t\t Chapter 6: Barbarians at the Gate: Saints and Sinners\t\t\t\t\t \tProfiles of the Third Generation’s Eco-Warriors: 1970 – 2000\t\t\t \tEnvironmental Public Interest Law Firms\t\t\t\t\t\t \tConclusion to a Century of Change\t\t\t\t\t\t\t Chapter 7: The Environmental Litigation Crisis\t\t\t\t\t\t \tThe Endangered Species Act: A License to Sue\t\t\t\t\t \tThe Cost of Endangered Species\t\t\t\t\t\t\t \tMegafauna to Megalitigation: Multidistrict Litigation\t\t\t\t \tThe MDL: Courtroom Access for Special Interests\t\t\t\t\t \tA Temporary Reprieve: How the MDL will Beget More Lawsuits\t\t\t An Answer to Litigation-Driven Species Management: Cooperative Conservation\t Chapter 8: Cooperative Conservation: Preempting Listings and Building Trust\t\t The Future Challenge: An Exercise in Trust\t\t\t\t\t\t \tThe Dunes Sagebrush Lizard\t\t\t\t\t\t\t\t \tThe Lesser Prairie Chicken\t\t\t\t\t\t\t\t \tThe Greater Sage Grouse\t\t\t\t\t\t\t\t \tCooperative Conservation and Greater Sage Grouse\t\t\t\t\t \tCooperative Conservation: An Endangered Future?\t\t\t\t\t Chapter 9: Abuses of the Equal Access to Justice Act: Endangered Species and Beyond\t \tArmageddon: Litigating Solely to Delay Federal Agency Action\t\t\t \tOf Wolves and Men: Using Litigation to Delay Delisting\t\t\t\t \tEAJA and Endangered Species: Statutory Limitations on Attorneys’ Fees Provisions\t\t\t\t\t\t\t\t\t\t\t\t\t \t501(c)(3)s and the Equal Access to Justice Act: America Foots the Bill\t\t \tEvading Pierce: The Inflation of EAJA Fees\t\t\t\t\t\t \tThe Prevalence of Settlements\t\t\t\t\t\t\t \tThe Sue and Settle Gambit: A New Phenomenon\t\t\t\t\t \tRulemaking by the Courts and Environmentalists\t\t\t\t\t \tThe Cost of EAJA\t\t\t\t\t\t\t\t\t Chapter 10: Reforming the Equal Access to Justice Act\t\t\t\t\t \tRecent Scrutiny of EAJA\t\t\t\t\t\t\t\t \tCongressional Scrutiny of EAJA\t\t\t\t\t\t\t \tRecommendations for Future EAJA Reform\t\t\t\t\t\t \t\t1. Restore reporting provisions\t\t\t\t\t\t \t\t2. Ensure the award of reasonable attorneys’ fees\t\t\t\t \t\t3. Make judicial intervention mandatory\t\t\t\t\t \t\t4. Strengthen eligibility requirements\t\t\t\t\t\t \t\t5. Fees awards under EAJA should be limited to $200,000 in any single case\t\t\t\t\t\t\t\t\t\t\t\t\t 6. Each prevailing party should be limited to a total of three EAJA awards in any given year\t\t\t\t\t\t\t 7. Parties should be statutorily barred from collecting multiple EAJA awards for the same work\t\t\t\t\t\t\t 8. EAJA fees should be reduced in cases where parties utilize staff attorneys rather than outside counsel\t\t\t\t\t \t9. EAJA fees should be paid from agency budgets, not the Judgment Fund\t\t\t\t\t\t\t\t\t\t\t\t \t10. End no-fault litigation: Reverse fee shifting should be available under EAJA\t\t\t\t\t\t\t\t\t\t\t \tA Time for Action\t\t\t\t\t\t\t\t\t Epilogue: A New Beginning?\t\t\t\t\t\t\t\t\t Bibliography Appendix A: The Equal Access to Justice Act Appendix A(1): The Equal Access to Justice Act After Passage in 1980 \tAppendix A(2): The Equal Access to Justice Act After Reauthorization in 1985 Appendix A(3): The Equal Access to Justice Act Today Appendix B: EAJA Payments by the Department of Veterans Affairs, 2003-2012 Appendix C: EAJA Payments by the Social Security Administration, 2004-2012 Appendix D: Model Bill for Reform of the Equal Access to Justice Act Appendix E: Acronyms Bibliography  Author Biography","brand":"Rowman \u0026 Littlefield","offers":[{"title":"Default Title","offer_id":48885642297687,"sku":"9781442257443","price":74.7,"currency_code":"GBP","in_stock":false}],"url":"https:\/\/bookcurl.com\/products\/inside-the-equal-access-to-justice-act-9781442257443","provider":"Book Curl","version":"1.0","type":"link"}