EAJA Awards

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Agency	Agency subcomponent	Name	Award date	Award amount	Awardees	Claims description	Finding basis	Actions
U.S. Department of the Interior	Bureau of Land Management	Klamath-Siskiyou Wildlands, et al. v. BLM (Griffin Half Moon Timber Sale)	06-08-2022	$ 46,000	Klamath-Siskiyou Wildlands Center	The Bureau of Land Management (BLM) signed the decision record to approve the Griffin Half Moon Vegetation Management Project Environmental Assessment (EA) on August 15, 2018. Four environmental groups challenged the decision in Federal court. The Court granted summary judgment to the BLM on one issue (Pacific fisher) and to the plaintiffs on another (great grey owl).	The Court vacated the EA and its decision record and enjoined the BLM from implementing the project until the BLM completes a new EA that adequately addresses the proposal’s effects on the great grey owl.	Show
U.S. Department of Homeland Security	U.S. Customs and Border Protection (CBP)	Sopon-Mendoza v. Barr	03-26-2020	$ 11,000	REDACTED	The Board of Immigration Appeals found Petitioner waived any argument to the Immigration Judge's denial of his application for voluntary departure by failing to contest the issue in his brief. The United States Court of Appeals for the Eleventh Circuit reversed and remanded finding the issue was raised with sufficient clarity to warrant consideration on appeal. Counsel filed a subsequent claim for attorneys' fees and costs pursuant to 28 U.S.C. § 2412(b).	Settlement Agreement	Show
U.S. Department of Homeland Security	U.S. Customs and Border Protection (CBP)	Suc-Reynozo, et al v. Barr	10-08-2019	$ 18,000	REDACTED	The Board of Immigration Appeals denied Petitioner's motion to reopen removal proceedings on the basis of ineffective assistance of counsel. The United States Court of Appeals for the Ninth Circuit reversed and remanded finding there is no need to file a bar complaint as described in Matter of Lozada, 19 I&N Dec. 637, 639 (BIA 1988) when an ineffective assistance of counsel claim is based on failure to file a timely appeal. See Rodriguez-Lariz v. INS, 282 F.3d 1218, 1227 (9th Cir. 2002). Counsel filed a subsequent claim for attorneys' fees and costs pursuant to 28 U.S.C. § 2412(b).	Settlement Agreement	Show
Other Agency	National Labor Relations Board (NLRB)	CPS Security (USA), Inc., v. National Labor Relations Board	11-20-2018	$ 15,000	CPS Security (USA), Inc.	The alleged unfair labor practice by the Employer, a security services contractor, concerned its maintenance and enforcement of a “voluntary” arbitration agreement that waived employees’ rights to pursue collective or class-litigation in any forum. The Board, relying on On Assignment Staffing Services, 362 NLRB No. 189 (2015), rev'd per curiam, No. 15-60642, 2016 WL 3685206 (5th Cir. June 6, 2016) (holding that an “opt-out” procedure does not cure an otherwise unlawful arbitration policy), found the Employer had violated the National Labor Relations Act. After the Employer filed a petition for review with the Ninth Circuit and the Board filed a cross-application for enforcement of its Order, the Ninth Circuit placed the case in abeyance pending the Supreme Court’s decision in NLRB v. Murphy Oil, USA, Inc. (No. 16-307). On May 21, 2018, the Supreme Court issued its decision in Epic Systems Corp. v. Lewis, 137 S.Ct. 1612 (2018), rejecting the Board’s interpretation of the Act. On May 23, 2018, the Board moved to remove this case from abeyance, summarily grant the Employer’s petition for review, and deny the Board’s cross-application for enforcement.	settlement agreement	Show
U.S. Department of Agriculture	Farm Service Agency	In Re: Farm Service Agency	06-21-2022	$ 16,710	Name Withheld	The Agency County Committee found that Appellant was not eligible for the 2018 Farm Program payments.  Although the Agency did find that Appellant made significant contributions of capital and land, Specifically, the Agency found that the partners of Appellant received guaranteed payments for their contributions of active personal labor and active personal management, which had to be excluded per the regulations.	On February 3, 2022, a NAD Administrative Judge issued an appeal determination finding that the Agency’s decision was erroneous.	Show
U.S. Department of Labor	ETA - Office of Foreign Labor Certification	Williams v. Walsh	08-01-2023	$ 110,221	Texas RioGrande Legal Aid, Inc., Edward Tuddenham, Justice at Work, and North Carolina Justice Center	That OFLC’s 2015 H-2B Wage Rule was procedurally and substantial invalid under the APA and that OFLC’s acceptance of the 2021 Crawfish Wage Survey was improper.	The court found that the 2015 wage rule was improperly promulgated and that acceptance of the wage survey was improper.	Show
Other Agency	Social Security Administration (SSA)	[Redacted] v Commissioner of Social Security	09-17-2019	$ 15,000	[Redacted]	Temporary Injuntion regarding Benefits	[Redacted]	Show
U.S. Department of Labor	EBSA	Walsh v. Brian Bowers, et al.	02-07-2022	$ 41,810	Brian Bowers, Dexter Kubota, Bowers + Kubota Consulting, Inc.	Taxable costs enumerated under 28 USC 1920 were awarded to the prevailing party pursuant to 28 USC 2412(a) in an enforcement action initiated by US DOL.	Court exercised discretion to award taxable costs to a prevailing party	Show
U.S. Department of Commerce	National Oceanic and Atmospheric Administration (NOAA)	Sustainable Fisheries Coalition v. Raimondo	07-29-2022	$ 82,553	Sustainable Fisheries Coalition	Sustainable Fisheries Coalition brings this action to challenge NMFS' final rule implementing Amendment 8 to the Fishery Management Program for Atlantic Herring. Specifically, Plaintiff challenges the final rule implementing the exclusion of midwater trawl vessels engaged in herring and mackerel fishing in certain waters. Plaintiff alleges that the waters that will be closed to these vessels comprise an area that typically accounts for more than thirty percent of the Atlantic herring and mackerel fisheries annual revenues. Plaintiff claims that Amendment 8 is promulgated in excess of the Secretary's regulatory authority, and is inconsistent with the standards of reasoned decisionmaking in violation of the Administrative Procedure Act and the Magnuson-Stevens Fishery Conservation and Management Act.	Settlement Agreement for attorneys fees and costs	Show
U.S. Department of Veterans Affairs	Null	Superior Optical Labs, Inc. v. The United States	11-19-2021	$ 44,679	Superior Optical Labs, Inc.	Superior Optical protested the Government's decision to move requirements that are currently set-aside for veteran-owned small businesses back to the federal AbilityOne program.	The Court found that the Government's litigation position was not reasonable because it contradicted the Consistency Act and its own pre-litigation position.	Show
Other Agency	National Labor Relations Board	NLRB v. Philander Smith College	09-22-2023	$ 56,374	Philander Smith College	subpoena enforcement action	resolved fees motion	Show
U.S. Department of Health and Human Services	OS/OGC/CMSD	STI Pharma, LLC -- Medicaid Drug Rebate Program	12-09-2020	$ 80,000	STI Pharma, LLC	STI argued that it was entitled to $117,270.24 in attorneys fees, costs, and expenses under the Equal Access to Justice Act, 28 U.S.C. 2412. STI argued that it was a prevailing party as defined in the statute, that the government’s position was not substantially justified, and that the costs it requested were reasonable.	The parties agreed to settle this matter for $80,000.	Show
U.S. Department of Transportation	Federal Aviation Administration (FAA)	Protest of Spatial Front, Inc.; Pursuant to Solicitation DTFAWA-12-R-08591	06-26-2019	$ 3,143	Spatial Front Inc.	Spatial agrued that its reevaluation scores should be higher.	Spatial Front’s position was substantially justified, and they prevailed on a significant issue in litigation.	Show
U.S. Department of Transportation	Federal Aviation Administration (FAA)	Protest of Spatial Front, Inc.; Pursuant to Solicitation DTFAWA-12-R-08591	02-01-2019	$ 12,481	Spatial Front Inc.	Spatial agrued that its evaluation scores should be higher, and the Awardee's scores should be lower, and that the Awardee's price was unreasonably high.	Spatial Front’s position was substantially justified, and they prevailed on a significant issue in litigation.	Show
U.S. Department of Defense	Department of the Army	Ewang Theophile Epie-Alobwede	03-09-2023	$ 10,000	E. Epie-Alobwede	Settlement. Plaintiff's complaint challenged the determination of the Physical Disability Review Board that plaintiff was not entitled to a medical retirement.	These fees were settled through negotiation. Fees were deemed appropriate as relief was granted on remand.	Show

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