Donald Eno v. Sally Jewell

The Equal Access to Justice Act (“EAJA”) “departs from the general rule that each party to a lawsuit pays his or her own legal fees.” Scarborough v. Principi, 541 U.S. 401, 404 , 124 S.Ct. 1856 , 158 L.Ed.2d 674 (2004). The EAJA entitles those who prevail on a legal claim against the U.S. government to an award of fees and costs, but only if they prevail in adversary adjudications. Specifically excluded from this category are proceedings “for the purpose of granting or renewing a license.” 5 U.S.C. § 504 (b)(l)(C)(i).

Our question is whether a hearing under the relatively obscure Mining Claims Rights Restoration Act of 1955 (the “Mining Restoration Act”) falls within the EAJA’s definition of an adversary adjudication. Because such a hearing is held for the purpose of granting a license, we conclude that it does not. We affirm the district court’s order affirming the Interior Board of Land Appeals’ denial of the application for fees under the EAJA.

Background

Donald Eno owns the Hound Dog placer mining claim, which includes forty acres within the Plumas National Forest in Plumas County, California. The Hound Dog claim contains gold and travertine deposits, the latter…