F.J. Vollmer Company, Inc. v. John W. Magaw, Director, Bureau of Alcohol, Tobacco & Firearms, U.S. Department of the Treasury

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

This case presents a recurring question under the Equal Access to Justice Act: In evaluating a claim for fees under the Act, what standard of reasonableness should a Court use to determine whether an agency’s action was “substantially justified”? In the case before us, this court previously overturned a decision by the Bureau of Alcohol, Tobacco and Firearms, holding the Bureau’s action was inconsistent with the governing statute and would have produced an “incredible” result. The district court nonetheless found the…