Let me be very clear that the awards under the EAJA are not available for any and every case. Only when the plaintiff prevails. Is that not fair? When an individual, a nonprofit, who has sought to even the playing field, who wants to make sure that we have a strong energy policy but they are praying that you listen to them as to how it is destroying their property, their house, their quality of life, they have a right to petition. So I want to correct the gentleman's interpretation. I heard on the floor of the House that he mentioned the word ``frivolous.'' As a lawyer, and one who adheres to the Constitution, I would like to not think that if you are concerned about an issue, that you cannot get into the court of justice and that you cannot make your case. You may not win, but I want to surprise him with the fact that the large number of cases that went under this act and sued the EPA were trade associations--622; private companies--556. There are a variety of others, not collectively together. State territories and municipalities--297. Should they not recover if they prevail? Should environmental groups not recover if they prevail--only at 388? Should individuals at 185 cases not prevail if they win? Should workers groups and universities and tribes not prevail if they should win?…
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