Legal Opinion

Roanoke River Basin Ass'n v. Hudson

Court of Appeals for the Fourth Circuit

Decided April 20, 1993No. 92-1526PublishedCited by 105 opinions

1Opinion of the Court

OPINION

NIEMEYER, Circuit Judge:

The Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, provides that parties who prevail in litigation with the United States are entitled to reimbursement of reasonable attorney’s fees unless the position of the United States “was substantially justified.” 28 U.S.C. § 2412(d)(1)(A). In protracted litigation with the Army Corps of Engineers, the Roanoke River Basin Association challenged the Corps’ issuance of a permit to the City of Virginia Beach for the construction of a pipeline to transport 60 million gallons of water per day from Lake Gaston in the…

2Cases cited12 opinions

  1. Hensley v. EckerhartSupreme Court of the United States · 1983
  2. Pierce v. UnderwoodSupreme Court of the United States · 1988
  3. Farrar v. HobbySupreme Court of the United States · 1992
  4. Commissioner, Immigration & Naturalization Service v. JeanSupreme Court of the United States · 1990
  5. David W. CRAWFORD, Plaintiff-Appellant, v. Louis W. SULLIVAN, Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fourth Circuit · 1991

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3Cited by105 opinions

  1. Stillwell v. BrownUnited States Court of Appeals for Veterans Claims · 1994
  2. James Doty and Susan Doty v. The United States, Defendant/cross-AppellantCourt of Appeals for the Federal Circuit · 1995
  3. United States v. Donald HeavrinCourt of Appeals for the Sixth Circuit · 2003
  4. SAYSANA v. GillenCourt of Appeals for the First Circuit · 2010
  5. Cody v. CaterisanoCourt of Appeals for the Fourth Circuit · 2011

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