EAJA Awards

Agency Agency subcomponent Name Award date Award amount Awardees Claims description Finding basis Actions
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) 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 Bureau of Land Management (BLM) Western Watersheds Project v. Zinke (sage-grouse RMP)
$ 280,000
Advocates for the West Complaint alleging BLM did not adequately protect the sage grouse and challenged 16 Resource Management Plans. Court granted plaintiffs’ motion for summary judgment Show
U.S. Department of Agriculture Forest Service Western Watersheds Project v. Christensen Null
$ 145,000
Eubanks & Associates APA Settlement of EAJA 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
U.S. Department of the Interior Fish and Wildlife Service (FWS) Turtle Island Restoration Network
$ 80,000
David Henkin, Earthjustice Plaintiffs allege that the Federal Defendants violated the Magnuson-Stevens Fishery Conservation and Management Act, the Endangered Species Act, the Migratory Bird Treaty Act, the National Environmental Policy Act, and the Administrative Procedure Act, by issuing a final rule for the Hawai’i shallow-set swordfish longline fishery that implemented new incidental take levels for certain sea turtles based on a 2012 biological opinion, and by issuing a special purpose permit allowing the fishery to incidentally take certain seabirds. Magistrate Judge found agencies' position was substantially justified, but agencies' settled for much-reduced amount instead of pursuing further litigation based on unfavorable case law in the Ninth Circuit. Show
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services (CIS) Ticas-Guillen v. Sessions
$ 10,000
REDACTED Petition for review of BIA decision affirming IJ denial of asylum and CAT. Court asserted that BIA incorrectly affirmed IJ's decision that petitioner's particular social group "women in El Salvador" was too broad. Remanded to BIA. EAJA claim was settled. Show
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services (CIS) Thiongo v. Whitaker
$ 9,500
REDACTED Petition for review of BIA decision affirming IJ denial of asylum and CAT. Remanded to BIA. EAJA claim was settled. Show
U.S. Department of Homeland Security U.S. Citizenship and Immigration Services (CIS) Tankeu v. Barr
$ 5,000
REDACTED Petition for review of BIA decision affirming IJ denial of asylum and CAT. Remanded to BIA. EAJA claim was settled. Show
Other Agency National Labor Relations Board (NLRB) Tamosiunas, et al., v. NLRB
$ 13,750
Mark Tamosiunas 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
Other Agency National Labor Relations Board (NLRB) Tamosiunas, et al., v. NLRB
$ 13,750
Agnes Demarke 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
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
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
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 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