EAJA Awards

Agency Agency subcomponent Name Award date Award amount Awardees Claims description Finding basis Actions
U.S. Department of Homeland Security U.S. Customs and Border Protection Sow v. U.S. Attorney General
$ 82,736
REDACTED The United States Court of Appeals for the Eleventh Circuit found Mr. Sow's attorney provided ineffective assistance of counsel and the ineffective assistance prejudiced his case. The Court remanded to the Bord of Immigration Appeals with instructions for the immigration judge to reconsider Mr. Sow's applications for relief. Following remand, counsel filed a claim for attorney's fees and costs pursuant to 28 U.S.C. 2412(b). The United States Court of Appeals for the Eleventh Circuit awarded fees but did not explain why. Show
U.S. Department of the Interior Bureau of Land Management (BLM) Dine Citizens Against Ruining the Environment v. Bernhardt
$ 791,710
Kyle Tisdel Plaintiffs alleged violations of the National Environmental Policy Act (“NEPA”), 42 U.S. C. §§ 4321 et seq., and its implementing regulations, made reviewable pursuant to the Administrative Procedure Act (“APA”), 5 U.S.C. §701 et seq. Plaintiffs filed a motion for preliminary injunction on May 11, 2015. The Tenth Circuit vacated certain oil and gas drilling decisions of the BLM for failure to comply with NEPA. Show
U.S. Department of the Interior Fish and Wildlife Service (FWS) Center for Biological Diversity v. Bernhardt et al., Case. No. 1:19-cv-01607-KBJ
$ 8,500
Collette Adkins CBD filed suit alleging that FWS had failed to designate critical habitat for the salamanders in violation of Section 4 of the Endangered Species Act (ESA). The Service missed the deadlines for designating critical habitat. Plaintiffs entitled to attorneys' fees and costs pursuant to the "catalyst theory." Show
U.S. Department of the Interior Fish and Wildlife Service (FWS) Center for Biological Diversity v. Bernhardt (D. Ariz. No. CV-4:19-218-TUC-RCC
$ 5,100
Brian Segee On April 15, 2019, Plaintiffs filed a complaint alleging the FWS missed the statutory timeframe to issue a 90-day finding. On September 6, 2019, FWS published the 90-day finding. On September 19, 2019, Plaintiffs voluntarily dismissed their complaint. The Service failed to meet a statutory deadline. Plaintiffs entitled to fees and costs pursuant to the "catalyst theory." Show
U.S. Department of the Interior Bureau of Land Management Western Watersheds Project, Wildearth Guardians & Predator Defense v. USDA Aphis Wildlife Services, USFS & BLM
$ 16,667
Advocates for the West Environmental groups sued USDA Aphis, USFS & BLM for violations of NEPA in providing predator controls on federal lands. The settlement and attorney fees payment of $50,000 was split 3-ways among federal agencies. The parties settled upon mutually agreed terms, no admission of liability nor as future precedent, but included attorney fees and costs. Show
Other Agency General Services Administration State of Washington, et al., v. Shelanda Young
$ 10,927
Tanana Chiefs Conference, Inc. The states of Washington and Oregon, along with multiple Native American tribes, filed a civil complaint/preliminary injunction against the United States in the Western District of Washington in connection with the Public Buildings Reform Board’s (PBRB) determination to dispose of the National Archives and Records Administration's (NARA) records facility in Seattle, WA, pursuant to the Federal Assets Sale and Transfer Act (FASTA) “high value round.” The General Services share of the award is $2,731.79. The parties have stipulated to dismissing all claims without predjudice, without any costs, except the Plaintiff Tanana Chiefs Conference Inc., shall recover attorney fees of $10,927.15 pursuant to the Equal Access to Justice Act. Show
U.S. Department of Health and Human Services OS/OGC/CMSD STI Pharma, LLC -- Medicaid Drug Rebate Program
$ 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 Homeland Security U.S. Immigration and Customs Enforcement REDACTED v. Barr
$ 9,272
REDACTED Petition for Review under 8 U.S.C. § 1252(a)(1). In a published decision, the panel held that the Board of Immigration Appeals erred in finding the noncitizen was not credible viewing the totality of the circumstances. The Ninth Circuit wrote: "Our holding that the agency’s decision was unsupported by substantial evidence flows directly from well-established circuit precedent regarding responsiveness, lack of detail, and omissions in the credibility context. The government’s position was therefore not substantially justified." Show
U.S. Department of the Interior Bureau of Land Management Oregon Natural Desert Ass'n v. McDaniel (Steen TMP)
$ 1,360,000
Oregon Natural Desert Association Plaintiff challenged Steens Travel Management Plan under NEPA, Federal Land Policy and Management Act, and Steens Act. The District Court upheld Plan. The Ninth Circuit Court of Appeals found that baseline analysis under NEPA was not sufficiently detailed. Show
U.S. Department of Agriculture Forest Service Alliance for the Wild Rockies et al v. United States Forest Service et al
$ 68,000
Claudia M. Newman and David A. Bricklin Failure to take a hard look at the environmental effects of the new management activities, conduct a reasoned analysis of the best scientific information regarding impacts, or adequately adverse impacts. Not consistent with the Payette National Forest Plan. The Lost Creek FEIS improperly tiers to the WCS Amendments in violation of NEPA because the WCS Amendments never went through a NEPA analysis. Not consistent with the Payette National Forest Plan. 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 Justice U.S. Marshals Service (subcomponent of DOJ) and U.S. Department... Western States Center, Inc., et al. v. U.S. Department of Homeland Security, et al.
$ 144,043
Attorneys for Western States Center, Inc., First Unitarian Church of Portland, Oregon, Sara D. Eddie, Representative Janelle S Bynum, and Representative Karin A. Power Plaintiffs were granted a preliminary injunction on First Amendment grounds related to protest activity around the federal courthouse in Portland, Oregon, which was vacated 1.5 weeks later. They had asserted retaliatory intent by the administration. The case was later dismissed on mootness grounds after the administration changed. The judge found that tweets and public statements from President Donald Trump and Acting Secretary of Homeland Security Chad Wolf supported an inference that the government's law enforcement activities were conducted with retaliatory intent. Show
U.S. Department of Health and Human Services OGC/R01 Lewis, Carol v. Burwell, C.A. No. 1:15-cv-13530-NMG (D. Mass.)
$ 49,477
Debra Parrish Law Offices (Ms. Lewis assigned her right to payment to her attorney) Plaintiff appealed the denial of coverage for a CGM. The Judge found that the Secretary’s position in the litigation was not substantially justified because 55 ALJs had previously determined that continuous glucose monitors (“CGMs”) were covered by Medicare and no professional in the healthcare industry was of the opinion that CGMs were not primarily and customarily used for medical purposes, amongst other reasons. The Memorandum and Order is in the Documents section of the TRACS matter. Show
U.S. Department of Justice U.S. Marshals Service Kenneth Fisher v. David A. Singer, et al.
$ 53,320
Attorneys for Kenneth Fisher Plaintiff was granted a preliminary injunction to receive cataract surgery. The prisoner was scheduled to eventually be transferred to Bureau of Prisons custody and the U.S. Marshals Service assessed, per practice, that he could wait to have catatact surgery until after his transfer to the Bureau of Prisons. The judge found that Plainitff would likely succeed on the merits of his Eighth Amendment claim and was likely to suffer irreparable Harm without an injuction. The parties settled on the attorney's fees. Show
U.S. Department of the Interior Bureau of Land Management (BLM) Native Ecosystems Coucil v. BLM
$ 70,000
Thomas Woodbury This matter involves four separate Environmental Assessments with Findings of No Significant Impact (EA/FONSI), as well as four separate decisions (Decision, or collectively the Challenged Decisions) completed by the BLM Dillon Field Office in connection with 4 watersheds. All of the Challenged Decisions provided for vegetation treatments targeting reduction of conifer encroachment in various areas within each watershed. Plaintiff filed an action in the District of Montana, seeking in part to have the BLM enjoined from conducting any activities in connection with the Challenged Decisions. The Plaintiff asserted that the BLM violated NEPA and FLPMA. The judge entered an order granting partial summary judgment in favor of BLM on all claims except one FLPMA claim in connection with a single watershed. The court determined that the BLM failed to supplement one EA to incorporate additional analysis as required by the applicable ARMPA for sage grouse. Show