The Equal Access to Justice Act permits certain parties, who litigate against MSHA and win, to recover the attorney fees and expenses associated with the litigation.

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Level the Playing Field

Adversary Adjudication

Operators and Agents

Prevailing Party Status

Eligibility Restrictions

Aggregation of Affiliates

MSHA’s Substantial Justification Defense

Reasonable Factual Position

Reasonable Legal Position

MSHA’s Special Circumstance Defense

Substantially Excessive Demand

The Application

When To Apply

Recoverable Attorney Fees

Other Expenses

Documentation of Fees and Expenses

Position Statements

Fee Proceedings

Settlement

Awards

Review of ALJ’s EAJA Decision

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EAJA Fees: Not Just For Companies


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EAJA & Attorney's Fees News


	Test blast to exceed standard


	Equal Access to Justice Reform Act of 2005 to Rein in Frivolous Lawsuits


	Supervisor Gets $18,000 From MSHA


	Commission Broadly Interprets the EAJA’s Special Circumstances Exception to Deny Operator $45,000.00 in Legal Fees


	Commission Denies Operator Attorneys Fees Based on Interpretation of EAJA


	MSHA Owes Attorney's Fees For Portion of Proceeding in which It Relied On Unreliable Witness


	On Remand ALJ Holds That 43% Penalty Reduction Does Not Justify Award of Attorney's Fees


	Commission Directs ALJ to Reconsider Attorney's Fees Award