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Merrell v. Block

Citation: 14 ELR 20304
No. No. 81-1638-F, (D. Or., 09/13/1983) Attorneys fees denied

The court holds that plaintiffs are not eligible for an award of attorneys fees under the Equal Access to Justice Act (EAJA) because the Act does not allow fees to pro se litigants and alternatively, the government's position was substantially justified. The court rules that the EAJA contains no express authorization of attorneys fees to pro se litigants and the government has not made itself liable by waiving its sovereign immunity. It also holds that the government was substantially justified in taking the position that the challenged regulations allowed a worst case analysis to be based on probable rather than possible effects. Finally, the court holds that plaintiffs cannot recover costs for their pleading, motions, and other incidental expenses.

Counsel are listed at 14 ELR 20225.