Legal Opinion

Center for Science in the Public Interest v. Donald T. Regan, Secretary of the Treasury

Court of Appeals for the D.C. Circuit

Decided September 26, 1986No. 83-1988PublishedCited by 24 opinions

1Opinion of the Court

STARR, Circuit Judge:

The Center for Science in the Public Interest (CSPI) appeals from a denial of attorneys’ fees under the Equal Access to Justice Act. 28 U.S.C. § 2412 (1982). For the reasons that follow, we hold that, in determining whether the Government’s position was “substantially justified” within the meaning of the statute, the District Court is now obliged to apply the standard set forth in the 1985 Amendments to the Act.

I

The underlying litigation that gave rise to the present fee proceeding concerns the Secretary of the Treasury’s decision to rescind a regulation requiring the…

2Cases cited29 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Consumer Product Safety Commission v. GTE Sylvania, Inc.Supreme Court of the United States · 1980
  3. Bradley v. School Bd. of RichmondSupreme Court of the United States · 1974
  4. United States v. Munsingwear, Inc.Supreme Court of the United States · 1950
  5. Richards v. United StatesSupreme Court of the United States · 1962

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3Cited by24 opinions

  1. Federal Election Commission v. Congressman Charles G. RoseCourt of Appeals for the D.C. Circuit · 1986
  2. James Wilkett D/B/A Wilkett Trucking Co. v. Interstate Commerce Commission and United States of AmericaCourt of Appeals for the D.C. Circuit · 1988
  3. McArthur Jones, Claimant-Appellant, and Martin M. Karnas, Claimant-Appellant v. Jesse Brown, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 1994
  4. Ewing v. RodgersCourt of Appeals for the Tenth Circuit · 1987
  5. Battles Farm Co. v. PierceCourt of Appeals for the D.C. Circuit · 1986

19 more not listed; retrieve them via the Exa API.

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