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 | 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 | |
| U.S. Department of Agriculture | Forest Service | Environmental Protection Information Center v. Carlson et al |
$ 191,000
|
Rene P. Voss and Matt Kenna | Violated NEPA by approving the Ranch Fore Roadside Fire Project. | The FS will not proceed with the following previously-approved commercial timber sales: Bartlett Roadside Fire Salvage; Deer Valley Roadside Fire Salvage;M3 Roadside Fire Salvage;M5-Pacific Roadside Fire Salvage; M10 West Roadside Fire Salvage; or Pine Mountain Roadside Fire Salvage. | Show | |
| Other Agency | Environmental Protection Agency (EPA) | Anacostia Riverkeeper, et. al. v. Wheeler |
$ 39,500
|
Anacostia Riverkeeper, Inc., Kingman Park Civic Association, and Potomac Riverkeeper Network | Plaintiffs alleged that the EPA's approval of the District of Columbia's Total Maximum Daily Loads (TMDLs) for bacteria violated the Clean Water Act and the Administrative Procedures Act. | The district court vacated EPA’s approval of the TMDLs and stayed the vacatur for one year. Settlement Agreement for EAJA fees. | Show | |
| U.S. Department of the Interior | Bureau of Land Management | WildEarth Guardians v. Haaland |
$ 242,500
|
Western Environmental Law Center | In three related lawsuits, Plaintiffs challenged BLM oil and gas lease sales in MT, WY, UT, CO, and NM. They allege that the BLM violated NEPA by failing to (1) analyze direct, indirect, and cumulative GHG emissions of the lease sales and the impacts on climate change; (2) prepare an EIS for GHG emissions that could significantly impact climate; and (3) prepare a programmatic EIS analyzing climate impacts of entire BLM oil and gas leasing program. Plaintiffs seek to vacate the leasing decisions, EAs, and FONSIs and enjoin applications for permit to drill until the BLM prepares a programmatic EIS analysis | the District Court stated “BLM failed to take a ‘hard look’ at GHG emissions from the Wyoming Lease Sales, and therefore the EAs and FONSIs issued for those sales did not comply with NEPA." | Show | |
| U.S. Department of Health and Human Services | OS/OGC/Region 1 | Jonathan Bloom v. Alex Azar II, 18-2390 (2d Cir.) |
$ 302,488
|
Jonathan Bloom | The parties agreed to resolve attorney's fees in this litigation (both district court and second circuit litigation) for $300,000. Recommendation for settlement amount was approved by CMS. Recommendation memo is attached below along with settlement agreement. An additional amount ($2,488.13) was added to EAJA fee payment to account for interest on Plaintiff's unpaid Medicare claims. This amount has also been reported under connected district court matter. | The district court previously determined that the Secretary's litigating position with regard to non-coverage of CGMs was not substantially justified. In appeal of procedural rulings, the Second Circuit disagreed with the Secretary's arguments regarding the aggregation of claims. As a result, it was likely that plaintiff may be entitled to fees for entirety of litigation before both the district court and Second Circuit. | Show | |
| U.S. Department of Health and Human Services | OS/OGC/Region 1 | Jonathan Bloom v. Burwell, 5:16-cv-00121-gwc (D.Vt. 2016) |
$ 302,488
|
Jonathan Bloom | EAJA fees were settled in this case as part of related Second Circuit litigation. However, the District Court had previously made finding that the Secretary's position in the litigation regarding non-coverage of Plaintiff's CGM was not substantially justified. (combine to case 19-00385) | The district court previously determined that the Secretary's litigating position with regard to non-coverage of CGMs was not substantially justified. In appeal of procedural rulings, the Second Circuit disagreed with the Secretary's arguments regarding the aggregation of claims. As a result, it was likely that plaintiff may be entitled to fees for entirety of litigation before both the district court and Second Circuit. | Show | |
| Other Agency | Environmental Protection Agency (EPA) | Pineros y Campesinos Unidos del Noroeste, et. al. v. Pruitt |
$ 236,363
|
Earthjustice and Farmworker Justice | Plaintiffs alleged that EPA rules delaying the effective date of the pesticide certified applicator rule violated the APA and FIFRA. | The district court held that in delaying the effective date of the applicator rule, EPA engaged in substantive rulemaking and was required to comply with the APA, but did not do so. | 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 Homeland Security | U.S. Immigration and Customs Enforcement (ICE) | REDACTED v. Barr |
$ 66,201
|
REDACTED | Habeas | The district court found that the government's actions were not substantially justified where the plaintiff was removed without 14-day notice to class counsel in a separate case that required 14-day notice to class counsel prior to the removal of class members, including plaintiff at the time. | Show |