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1 H.R. 3131, Endangered Species Litigation Reasonableness Act [i] (February 12, 2018)

handle is hein.congrec/endsplit0001 and id is 1 raw text is: 




                   CONGRESSIONAL BUDGET OFFICE

a                             COST ESTIMATE
                                                                February 12, 2018


                                   H.R.   3131
              Endangered Species Litigation Reasonableness Act

   As ordered reported by the House Committee on Natural Resources on October 4, 2017


 Under current law, courts can require the Treasury to pay reasonable attorneys' fees to
 plaintiffs who prevail against the federal government in cases brought under the
 Endangered Species Act (ESA). Under the bill, courts would determine the amount of
 fees to award in such cases using guidelines established under the Equal Access to Justice
 Act (EAJA). That act caps attorneys' fees at $125 per hour but allows for adjustments for
 the cost of living and other factors, such as the limited availability of qualified attorneys
 for certain cases.

 Based on historical information regarding the amounts of attorneys' fees paid to plaintiffs
 under the ESA and the EAJA, CBO expects that amounts awarded to attorneys under the
 bill would be slightly less than amounts awarded under current law; the total decrease in
 direct spending for those fees would be insignificant.

 Because enacting the bill would affect direct spending, pay-as-you-go procedures apply.
 Enacting the bill would not affect revenues.

 Enacting H.R. 3131 would not increase net direct spending or on-budget deficits in any of
 the four consecutive 10-year periods beginning in 2028.

 H.R. 3131 contains no intergovernmental or private-sector mandates as defined in the
 Unfunded Mandates  Reform Act.

 The CBO  staff contact for this estimate is Jeff LaFave. The estimate was approved by
 H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis.

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