Donald Eno v. Sally Jewell

OPINION

McKEOWN, Circuit Judge:

The Equal Access to Justice Act (“EAJA”) “departs from the general rule that each party to a lawsuit pays his or her own legal fees.” Scarborough v. Principi, 541 U.S. 401, 404, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004). The EAJA entitles those who prevail on a legal claim against the U.S. government to an award of fees and costs, but only if they prevail in adversary adjudications. Specifically excluded from this category are proceedings “for the purpose of granting or renewing a license.” 5 U.S.C. § 504(b)(l)(C)(i).

Our question is whether a hearing under the…