EAJA Awards
| Agency | Agency subcomponent | Name | Award date | Award amount | Awardees | Claims description | Finding basis | Actions |
|---|---|---|---|---|---|---|---|---|
| U.S. Department of the Interior | Bureau of Land Management (BLM) | San Juan Citizens Alliance v. BLM |
$ 72,000
|
Kyle J. Tisdel | Plaintiffs filed this lawsuit to challenge BLM’s authorization and issuance of 13 oil and gas lease parcels covering 20,146.67 acres of land administered by the Forest Service in the Santa Fe National Forest, with the subsurface mineral estate administered by BLM’s Farmington Field Office (“FFO”). | Agency found to be arbitrary and capricious in failing to ensure adequate analysis | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Buffalo Field Campaign v. Jewell |
$ 77,407
|
Michael Harris | Plaintiffs filed a lawsuit challenging FWS’s 90-day finding that the petitions to list the Yellowstone bison under the Endangered Species Act did not provide substantial scientific or commercial information indicating that the petitioned action may be warranted, 81 Fed. Reg. 1368 (Jan. 12, 2016). | Court found that FWS's 90-day finding was arbitrary and caprious. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Red Wolf Coalition, et al. v. FWS |
$ 620,000
|
Southern Environmental Law Center | Plaintiffs filed a complaint in this matter alleging the Service violated the Endangered Species Act (“ESA”) and the National Environmental Policy Act (“NEPA”) in connection with its management of the nonessential experimental population of red wolves in eastern North Carolina. | The Judge granted Plaintiffs' MSJ finding that the FWS violated sections 4, 7 and 9 of the ESA as regarded its Red Wolf Non-Essential Experimental Population 10(j) rule. | Show | |
| U.S. Department of the Interior | Bureau of Land Management | Alliance for the Wild Rockies/Native Ecosystems Council v. Haaland |
$ 24,000
|
Timothy Bechtold | Plaintiffs filed a complaint challenging grazing decisions in the Iron Mask Planning Area. ECF No. 1. The challenge followed two prior actions in this Court, in which Plaintiffs challenged vegetation and grazing decisions related to the Iron Mask Planning Area. | BLM's grazing decision violated NEPA and FLPMA. Judge found error in a portion of BLM's analysis and granted partial summary judgment to Plaintiffs. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service | Center for Biological Diversity et al v. Bernhardt et al, (PJH) |
$ 5,900
|
Amy Atwood & John Buse | Plaintiffs filed a complaint alleging that FWS had violated the ESA and APA with respect to 8 candidate species by failing to make resubmitted petition findings. | A short-term stay until October 31, 2019 was enterred to allow FWS to submit to the Federal Register the candidate notice of review (CNOR), as well as individual 12-month findings for some of the species. FWS then completed its petition finding processes for the 8 species. | Show | |
| U.S. Department of the Interior | Bureau of Land Management (BLM) | Cascadia Wildlands et al. v. BLM |
$ 99,000
|
Cascadia Wildlands | Plaintiffs filed a civil action arising under the Administrative Procedure Act (APA), 5 U.S.C. §§ 701 et seq., challenging the United States Bureau of Land Management’s (BLM) issuance of the Thurston Hills Non-Motorized Trails and Forest Management Project (“Thurston Hills Project”) Environmental Assessment (EA)/Finding of No Significant Impact (FONSI) and Decision Record for violations of federal laws and regulations intended to protect the public’s natural resources and ensure informed, well-reasoned decision-making. | Court ruled for plaintiff on merits, and the parties settled the plaintiff's fees request. | Show | |
| U.S. Department of the Interior | Bureau of Land Management | Center for Biological Diversity, et. al, v. BLM, et. al (Bakersfield FO RMP SEIS hydraulic fracturing) |
$ 10,000
|
Center for Biological Diversity | Plaintiffs filed a challenge to the Bakersfield Resource Management Plan Supplemental EIS published December 13, 2019, that further analyzed the impacts of hydraulic fracturing. Plaintiffs alleged that the SEIS violated NEPA. | n/a | Show | |
| U.S. Department of the Interior | National Park Service (NPS) | In Re Public Employees for Environmental Responsibility |
$ 7,329
|
Paula Dinerstein | Plaintiffs filed a mandamus petition in the DC Circuit pursuant to the FAA's direct review statute, contending that the NPS and the FAA violated the National Parks Air Tour Management Act by failing to complete legally required air tour management plans or voluntary agreements for 23 national parks for which such plans or agreements were required in the 20 years since the law had been enactdd. The court granted the mandamus petition and ordered the agencies to file a schedule for completing the plans or agreements for the 23 parks within 2 years of August 31, 2020. | The Court entered mandamus relief against the FAA and NPS finding that the agencies had failed to perform a nondiscretionary duty to comply with the National Parks Air Tour Management Act for 23 national parks for 20 years. | Show | |
| U.S. Department of Health and Human Services | Food and Drug Administration (FDA) | Seife et al., v. HHS, et al. |
$ 37,500
|
New York University Law Clinic (aka Washington Square Legal Services, Inc.) and Yale University Media Freedom and Information Access Clinic | Plaintiffs Charles Seife and Peter Lurie sued HHS, the Secretary, NIH, the Director, FDA, and the Commissioner, challenging an interpretation of FDAAA set forth in the Final Rule that basic results summary information did not need to be submitted to the ClinicalTrials.gov data bank for any ACT completed before the Final Rule’s effective date if the ACT studied a product that was approved by FDA after the ACT was completed. Plaintiffs also claimed that NIH failed to post notices regarding noncompliance and make them searchable in the ClinicalTrials.gov data bank. The court granted Plaintiffs’ motion for summary judgment on the statutory interpretation issue and granted Defendants’ motion to dismiss and/or for summary judgment on the last two issues. | The court held that, the Food and Drug Administration Amendments Act of 2007 (FDAAA) unambiguously requires responsible parties to submit to the ClinicalTrials.gov data bank summary basic results information for applicable clinical trials (ACTs) completed before January 18, 2017, if the ACT studies a product that is approved, licensed, or cleared by FDA at any time, including after the ACT’s primary completion date. | Show | |
| U.S. Department of the Interior | Bureau of Land Management | WildEarth Guardians, Montana Environmental Information Center et al v. BLM |
$ 170,000
|
David Katz, Bonnie Martinell, and Jack Martinell | Plaintiffs challenged two oil and gas lease sales in Montana where 287 leases were issued. Plaintiffs sued on NEPA grounds for inadequate analysis of impacts to climate change and groundwater. | Judge found error in BLM's analysis and vacated the leases. | Show | |
| U.S. Department of the Interior | Bureau of Land Management | WildEarth Guardians, et al. v Haaland |
$ 115,000
|
Western Environment Law Center/Melissa Hornbein and Barbara Chillcott and Earthjustice/Thomas Delehanty and Elizabeth Forsyth | Plaintiffs challenged the NEPA in connection with a number of oil and gas leasing sales conducted by the BLM Montana/Dakotas in 2019 and 2020. | Court found BLM conducted inadequate NEPA analysis. | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Safari Club International & NRA v. Zinke & FWS |
$ 40,000
|
Safari Club International | Plaintiffs challenged the federal government's suspension of imports of trophies from elephants sport-hunted in Zimbabwe. | Not Provided | Show | |
| U.S. Department of the Interior | Bureau of Land Management | Citizens for a Healthy Community v. BLM |
$ 56,000
|
Western Environmental Law Center | Plaintiffs challenged the adequacy of the agencies NEPA analysis for two oil and gas development project approvals. Claims related to the range of alternatives considered, analysis of cumulative climate change impacts, non-use of social cost of carbon protocol, analysis of impacts of hydraulic fracturing, analysis of impacts to big game, analysis of cumulative impacts to air quality and water quantity, and analysis of indirect greenhouse gas impacts. | Plaintiffs prevailed only on the indirect greenhouse gas claim. The court found that agencies (BLM and FS) had failed to quantify and analyze end-use ("downstream") greenhouse gas emissions for the projects. | Show | |
| U.S. Department of Health and Human Services | OGC/PHD | Planned Parenthood of Greater Washington and North Idaho; 18cv00055 |
$ 133,000
|
Planned Parenthood of Greater Washington and North Idaho, Planned Parenthood of the Heartland, Planned Parenthood of the Great Northwest and Hawaiian Islands. | Plaintiffs challenged HHS’s restructuring of the Teen Pregnancy Prevention Program via the 2018 Tier 1 and Tier 2 Funding Opportunity Announcements. | Settlement agreement between the parties—no admissions as to any entitlement for fees | Show | |
| U.S. Department of the Interior | Fish and Wildlife Service (FWS) | Center for Biological Diversity v. Fish and wildlife Service and Rosemont Copper Company |
$ 340,000
|
Fink, Cummings, Melton | Plaintiffs challenged FWS biological opinion under APA and ESA. Biological opinion was for the USFS permitting of the Rosemont Copper Mine. | Plaintiff argues that the FWS’ ITS is unlawful as it failed to choose a proper take surrogate for seven threatened or endangered species. The Court agrees. | Show |