Aageson Grain & Cattle v. United States Department of Agriculture

CALLAHAN, Circuit Judge:

The United States Department of Agriculture (“USDA”) appeals the district court’s order remanding this case to the National Appeals Division (“NAD”) of the USDA to determine eligibility for an attorney’s fees and costs award under the Equal Access to Justice Act (“EAJA”). The farmers prevailed in their appeals before the NAD challenging their local Farm Service Agency’s (“FSA”) denials of claims under the 2003 Noninsured Crop Disaster Assistance Program (“NAP”). They then applied for attorney’s fees under the EAJA, which the NAD denied on the ground that the EAJA is…