Jeroski v. Federal Mine Safety & Health Review Commission

POSNER, Circuit Judge.

We are asked to reverse an administrative denial of an application for an award of attorneys’ fees under the Equal Access to Justice Act, 5 U.S.C. § 504. The Act provides, so far as bears on this case, that “a prevailing party” shall be awarded “fees and other expenses” incurred by it in an “adversary adjudication” before a federal agency unless “the position of the agency was substantially justified.” § 504(a)(1). The parallel provision applicable to a judicial (as distinct from an administrative) adjudication, 28 U.S.C. § 2412(a)(1), is not involved.

The petitioner, USA…