ATLANTIC FISH SPOTTERS ASS'N v. DALEY

No. 99-1767.

205 F.3d 488 (2000)

ATLANTIC FISH SPOTTERS ASSOCIATION, Jonathan E. Mayhew, Raynold F. Brooks, II, Robert H. Sampson, Plaintiffs, Appellees, v. William M. DALEY, as he is the United States Secretary of Commerce, Appellant,

United States Court of Appeals, First Circuit.

Decided March 6, 2000.


Attorney(s) appearing for the Case

David C. Shilton, Department of Justice, with whom Lois J. Schiffer, Assistant Attorney General, Environment & Natural Resources Division, John A. Capin, Assistant United States Attorney, Mark A. Brown, Greer S. Goldman, Department of Justice, and Mariam McCall, National Oceanic and Atmospheric Administration, Office of General Counsel, were on brief for appellant.

Andrew D. Herman with whom David E. Frulla, Brand & Frulla, P.C., H. Reed Witherby and Smith & Duggan were on brief for appellees.

Before TORRUELLA, Chief Judge, BOUDIN and LYNCH, Circuit Judges.


BOUDIN, Circuit Judge.

In the district court, the plaintiffs prevailed in overturning an administrative regulation and then sought attorney's fees from the United States under the Equal Access to Justice Act, 28 U.S.C. § 2412(d) ("EAJA"). The district court awarded such fees to the plaintiffs' counsel, finding (in the statutory language) that the government's position was not "substantially justified." On this appeal by the United States, the only issue is whether...

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