Green Aviation Management Co. v. Federal Aviation Administration
Court of Appeals for the D.C. Circuit
1Opinion of the Court
Opinion for the Court by Circuit Judge ROGERS.
ROGERS, Circuit Judge.
This is an appeal from the denial of attorneys fees under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504(a)(1). After commencing an administrative civil penalties proceeding, the Federal Aviation Administration (“FAA”) withdrew its complaint and the Administrative Law Judge (“ALJ”) before whom the complaint had been pending dismissed the proceedings with prejudice. Nonetheless, the FAA Administrator ruled that the subject of the complaint was not a “prevailing party” as that term has been interpreted in Buckhannon…
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