Schweiker

ORDER AS TO COUNSEL FEES AND EXPENSES

On April 8, 1982, the Court enjoined defendants from implementing, at any time prior to April 11, 1982, a certain regulation (47 Fed.Reg. 10841) under the Refugee Resettlement Program as to the State of California and refugees located therein. The judgment of injunction was based on the Court’s finding that the regulation was promulgated in violation of Section 553(d) of the Administrative Procedure Act (APA), 5 U.S.C. § 551 et seq:, in that publication was not made at least 30 days before its effective date ( 5 U.S.C. § 553 (d). Plaintiffs now move the Court for an award of attorneys’ fees and expenses against defendant Richard Schweiker (federal defendant), pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412 (d), and against defendants Marion J. Woods and Mary Ann Graves (state defendants), pursuant to the Civil Rights Attorneys’ Fees Awards Act of 1976, 42 U.S.C. § 1988 . The Court finds that plaintiffs are entitled to an award of attorneys’ fees against the federal defendant only.

Section 2414(d) of the EAJA makes a significant change in the prior law regarding attorney fees. Under it, the Court must award to a…