CONSTITUTIONAL DEFENSE COUNCIL – Adds to existing law to provide assistance to individuals litigating against the federal government.

Legal help for Idaho grazing, water-rights cases

Beginning July 1, 2025, Idaho citizens can request state help in grazing or water-rights proceedings brought by the federal government. Current and former parties to these cases qualify to apply to the Constitutional Defense Council. Written requests must explain why help is appropriate and how the state has an interest. They must summarize the case and its timeline or court decision, and include any other information the Council requires. Help can include private lawyer funding, Attorney General legal help or representation, or the state joining the case. Attorney-fee reimbursement is available only after a court denies a requested fee award. Private lawyer funding and fee reimbursement come from the existing constitutional defense council fund. The Council must issue a written decision within 30 days of receiving the request, granting, partly granting, or denying it. Its review weighs the right's public importance, the need for private enforcement, and the applicant's burden. It also considers whether many Idaho citizens benefit, whether help serves the public interest, and available staff and funds. Approval is at the Council's sole discretion and requires available state resources and a finding that help serves the public interest. The Council must also find the case more likely than not restores, maintains, and advances Idaho's authority over issues affecting Idaho and its citizens.