EAJA Awards

Agency Agency subcomponent Name Award date Award amount Awardees Claims description Finding basis Actions
U.S. Department of the Interior Bureau of Indian Affairs (BIA) Fletcher, et al. v. United States
$ 34,840
William Fletcher Complaint contained four claims: (1) that the government’s regulations violated their First, Fifth and Fourteenth Amendment rights to vote in Osage tribal elections and to participate in the Osage Tribe’s government; (2) that the government breached its trust responsibilities by (a) eliminating plaintiffs’ right to participate or vote in Osage tribal elections, and (b) allowing headrights to be alienated to persons not of Osage blood; (3) that the government’s failure to manage the Tribe’s assets, coupled with the government’s inability to keep Osage headrights from passing into the hands of those who are not of Osage blood, constituted a Fifth Amendment taking; and (4) that federal regulations restricting plaintiffs’ right to participate in tribal government constituted illegal agency action pursuant to the Administrative Procedures Act, 5 U.S.C. § 706. Request for fees denied. Court awarded costs because Plaintiff was a prevailing party and the "substantially justified" criteria doesn't apply to costs. Plaintiffs have appealed to the 10th Circuit. Show
U.S. Department of the Interior Fish and Wildlife Service (FWS) Wildearth Guardians v. Hoover (Furbearer CITES and ESA sec 7 consultation Lynx Incidental Take Statement)
$ 145,000
Wildearth Guardians, Peter M.K. Frost, Matthew K. Bishop, and Sarah McMillan Plaintiff’s lawsuit alleges violations of the National Environmental Policy Act (“NEPA”) and the Endangered Species Act (“ESA”) related to Federal Defendants’ actions to implement the 1973 Convention on International Trade in Endangered Species of Wild Fauna and Flora (“CITES”). Lost on ESA sec 7 claim, no clear trigger for reinitiation of consultation Show
U.S. Department of the Interior Bureau of Land Management (BLM) Western Organizaton of Resource Councils, et al. v. BLM
$ 238,685
Western Environmental Law Center Plaintiffs challenged Federal Defendants' approval of Resource Management Plans ("RMPs") for two adjacent field offices in the Powder River Basin: the Miles City Field Office in Montana and the Buffalo Field Office in Wyoming. Federal Defendants approved these RMPs, and 10 others, through a single Record of Decision. Court found that BLM did not have a reasonable range of alternatives for coal lands made available for leasing in Miles City and Buffalo RMPs Show
Other Agency National Labor Relations Board (NLRB) Tamosiunas, et al., v. NLRB
$ 13,750
Wayne Young This case concerned billing of union dues to nonmembers. At a time when no union-security clause was in effect during contract renegotiations, UNITE HERE! Local 5 sent a letter to both members and nonmembers requesting payment of dues arrearages; it then caused employer Hyatt Corporation d/b/a Hyatt Regency Waikiki to begin deducting the purported arrearages from member and nonmember paychecks. After the Board upheld the dismissal of the unfair labor labor practice charges filed by the objecting employees, the D.C. Circuit overturned the Board's decision, and remanded the case to the Board. 892 F.3d 422 (D.C. Cir. 2018). settlement agreement Show
U.S. Department of the Interior Bureau of Land Management (BLM) San Juan Citizens Alliance, Inc. v. BLM
$ 80,000
Travis E. Stills Complaint alleging that Defendants unlawfully withheld agency records and engaged in a pattern-and-practice of acting unlawfully in responding to FOIA requests. Court denied U.S. motion to dismiss the entire case and also denied U.S. motion for summary judgment to dismiss to of the three claims. Show
U.S. Department of Transportation Federal Aviation Administration (FAA) Sorensen v. FAA and Cole v. FAA (Combined case with same counsel)
$ 10,000
Tony Jobe (Counsel) Challenge of DOT drug testing-related issue under the Administrative Procedure Act. Settlement Agreement Show
U.S. Department of Transportation OST's Office of Drug & Alcohol Policy and Compliance Sorensen v. FAA and Cole v. FAA (Combined case with same counsel)
$ 20,000
Tony Jobe (Counsel) Challenge of DOT drug testing-related issue under the Administrative Procedure Act. Settlement Agreement Show
Other Agency National Labor Relations Board (NLRB) Tamosiunas, et al., v. NLRB
$ 13,750
Steve Taono This case concerned billing of union dues to nonmembers. At a time when no union-security clause was in effect during contract renegotiations, UNITE HERE! Local 5 sent a letter to both members and nonmembers requesting payment of dues arrearages; it then caused employer Hyatt Corporation d/b/a Hyatt Regency Waikiki to begin deducting the purported arrearages from member and nonmember paychecks. After the Board upheld the dismissal of the unfair labor labor practice charges filed by the objecting employees, the D.C. Circuit overturned the Board's decision, and remanded the case to the Board. 892 F.3d 422 (D.C. Cir. 2018). settlement agreement Show
U.S. Department of Transportation Federal Aviation Administration (FAA) Protest of Spatial Front, Inc.; Pursuant to Solicitation DTFAWA-12-R-08591
$ 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 Transportation Federal Aviation Administration (FAA) Protest of Spatial Front, Inc.; Pursuant to Solicitation DTFAWA-12-R-08591
$ 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 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
Other Agency Environmental Protection Agency (EPA) South Carolina Coastal Conservation League v. Pruitt
$ 105,000
South Carolina Coastal Conservation League, Charleston Waterkeeper, American Rivers, Chattahoochee Riverkeeper, Clean Water Action, Defenders of Wildlife, Friends of the Rappahannock, North Carolina Coastal Federation, and North Carolina Wildlife Federation Plaintiffs alleged that the Final Rule, Definition of "Waters of the U.S."-Addition of an Applicability Date to 2015 Clean Water Rule, 83 Fed. Reg. 5,200 (Feb. 6, 2018), was unlawful and arbitrary under the APA. The district court granted the plaintiffs' motion for summary judgment and vacated and enjoined the rule nationwide, holding that the agency had failed to meet the requirements of the APA. Show
U.S. Department of the Interior Bureau of Land Management (BLM) White Pine County v. BLM
$ 80,000
Simeon Herskovits Complaint alleging that Federal Defendants violated the National Environmental Policy Act, FLPMA, and failing to Demonstrate Compliance with the Ely District Resource Management Plan. Not Provided 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 Fish and Wildlife Service (FWS) Center for Biological Diversity v. FWS
$ 13,393
Ryan Shannon Relates to two separate Freedom of Information Act (FOIA) requests submitted to FWS. The agency response schedule was affected by a government shutdown. Missed statutory deadline Show