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H. Rept. 115-563,Part 1 1 (2018-02-15)

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                   115TH CONGRESS                                   REPT.115-563
                      2d Session  j HOUSE  OF  REPRESENTATIVES         Part 1





                      ENDANGERED SPECIES LITIGATION REASONABLENESS
                                                ACT


                   FEBRUARY 15, 2018.-Committed to the Committee of the Whole House on the State
                                    of the Union and ordered to be printed


                     Mr. BISHOP of Utah, from the Committee on Natural Resources,
                                       submitted the following

                                          REPORT

                                            together with

                                        DISSENTING VIEWS

                                        [To accompany H.R. 3131]

                            [Including cost estimate of the Congressional Budget Office]
                     The Committee  on Natural Resources, to whom was  referred the
                   bill (H.R. 3131) to amend the Endangered  Species Act of 1973 to
                   conform citizen suits under that Act with other existing law, and
                   for other purposes, having considered the same, report favorably
                   thereon without amendment   and recommend  that the bill do pass.
                                        PURPOSE  OF THE BILL
                     The purpose  of H.R. 3131 is to amend the Endangered  Species
                   Act of 1973 to conform citizens suits under that Act with other ex-
                   isting law.
                               BACKGROUND   AND NEED  FOR LEGISLATION
                     In the United States, parties to litigation traditionally pay their
                   own court costs and attorneys' fees. However, fee-shifting statutes
                   permit  awards  of litigation costs to plaintiffs in certain cir-
                   cumstances, and the Equal Access to Justice Act (EAJA) authorizes
                   a prevailing party to collect attorneys' fees in litigation against
                   the federal government. (EAJA, 28  U.S.C. 2412). EAJA  also pro-
                   vides that attorney fees shall not be awarded in excess of $125 per
                   hour unless the court determines that an increase in the cost of liv-


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