EAJA Fees Not Available Where Secretary Vacated Seven Citations
- Created: Tuesday, 14 June 2016 15:08
- Published: Tuesday, 14 June 2016 15:08
By Ellen Smith
A small limestone operator is not entitled to EAJA fees where the Secretary vacated seven citations issued against the operator after the MSHA inspector was no longer available to testify at a hearing, the D.C. Circuit Court of Appeals ruled April 19.