ENVIRONMENTAL DEFENSE FUND, INC. v. WATT

No. 211, Docket 83-6005.

722 F.2d 1081 (1983)

ENVIRONMENTAL DEFENSE FUND, INC., National Audubon Society, National Parks and Conservation Association, and Defenders of Wildlife, Plaintiffs-Appellees, v. James G. WATT, in his official capacity as Secretary of Interior, G. Ray Arnett, in his official capacity as Assistant Secretary of Interior for Fish and Wildlife and Parks, Russell Dickenson, in his official capacity as Director, National Park Service, F. Eugene Hester, in his official capacity as Acting Director, U.S. Fish and Wildlife Service, Defendants-Appellants, David Harris, in his official capacity as Commissioner of the Department of Health Services, County of Suffolk, Mahfouz Zaki, in his official capacity as Director, Division of Disease Control and Environmental Health and Environmental Health Services, Suffolk County Department of Health Services, Joseph Sanzone, in his official capacity as Superintendent, Bureau of Vector Control, Division of Disease Control and Environmental Health Services, Suffolk County Department of Health Services, and Bureau of Vector Control, Division of Disease Control and Environmental Health Services, Suffolk County Department of Health Services, Defendants.

United States Court of Appeals, Second Circuit.

Decided November 30, 1983.


Attorney(s) appearing for the Case

Deborah E. Zwany, Brooklyn, N.Y., Asst. U.S. Atty., E.D.N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Miles M. Tepper, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendants-appellants.

Edward Lee Rogers, Washington, D.C. (Michael J. Bean, James T.P. Tripp, Washington, D.C., of counsel), for plaintiffs-appellees.

Before KAUFMAN, NEWMAN and DAVIS, Circuit Judges.


IRVING R. KAUFMAN, Circuit Judge:

It is now two years since Congress broadened the authority of the federal courts to award attorneys' fees to parties who prevail in litigation against the United States government. The Equal Access to Justice Act ("EAJA") directs courts to award fees and costs to successful parties other than the federal government, unless the government's position is found to be substantially justified, or special circumstances would make such an...

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