Eno v. Jewell

Plaintiff filed suit challenging the Board's denial of plaintiff's application for fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504(b)(1)(C)(i). The EAJA entitles those who prevail on a legal claim against the U.S. government to an award of fees and costs, but only if they prevail in adversary adjudications. Specifically excluded from this category are proceedings “for the purpose of granting or renewing a license.” The court held that a hearing under the Mining Claims Rights Restoration Act of 1955, 30 U.S.C. 621–625, does not fall within the EAJA's definition of an adversary adjudication because such a hearing is held for the purpose of granting a license. Accordingly, the court affirmed the judgment. View "Eno v. Jewell" on Justia Law