United States DC Circuit

Denial of an application to recover appellant's attorney's fees and expenses under the Equal Access to Justice Act, brought after she won a lawsuit against the Secretary of the Interior, is affirmed where the Secretary's position at the merits stage was substantially justified.

Appellate Information

• Argued 10/02/2008
• Decided 02/13/2009
• Published 02/13/2009

Judges

• Before:  HENDERSON, RANDOLPH, and GARLAND, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John F. Karl Jr. argued the cause and filed the briefs for appellant.


• For Appellees:
  
• Ellen J. Durkee, Attorney, U.S. Department of Justice, argued the cause for federal appellees.   With her on the brief was Kathryn E. Kovacs, Attorney.   Larry M. Corcoran, Attorney, entered an appearance.