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United States v. Moseley

Citation: 23 ELR 20969
No. No. N 89-0107 C, 761 F. Supp. 90/(E.D. Mo., 04/05/1993)

The court holds that no attorneys fees and expenses may be awarded to a defendant who prevails in a civil action brought by the federal government pursuant to § 301(a) of the Federal Water Pollution Control Act, where the government's position was substantially justified within the meaning of the Equal Access to Justice Act (EAJA). Although the government based its action on the 1989 Federal Manual for Identifying and Delineating Jurisdictional Wetlands, which was later revoked, the court holds that the government's position was justified to a degree that could satisfy a reasonable person. There was a reasonable basis in law and fact for the government's claim, and therefore, the government's position was substantially justified within the meaning of the EAJA.

Counsel for Plaintiff
Joseph B. Moore, Ass't U.S. Attorney
U.S. Attorney's Office
1114 Market St., Rm. 401, St. Louis MO 63101
(314) 539-3280

Counsel for Defendants
Richard P. Alexander
Alexander & House
116 N. School St., Fayetteville AR 72701
(501) 521-9188