Raymond J. Donovan, Secretary of Labor, United States Department of Labor v. Burlington Northern, Incorporated

The Secretary of Labor appeals from an order of the United States District Court for the District of Montana denying the Secretary’s petition for an award of attorney’s fees and costs. We reverse and remand to the district court for redetermination of such fees and costs consistent with the principles outlined below.

I.

FACTS AND PROCEEDINGS BELOW

In December 1980, the Secretary of Labor (Secretary) applied for and received a civil warrant authorizing an inspection of Burlington Northern facilities. The warrant was issued by a federal magistrate pursuant to the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651-678 (1982).

Upon Burlington Northern’s refusal to allow OSHA officials to inspect the facilities, the Secretary sought a contempt order from the district court. The court denied the Secretary’s request and granted the company’s motion to quash the warrant as overbroad. On appeal to this court, the Secretary was vindicated and the district court was directed

Donovan v. Burlington Northern, Inc., 694 F.2d 1213, 1216 (9th Cir.1982), cert. denied, 463 U.S. 1207 , 103 S.Ct. 3538 , 77 L.Ed.2d 1388 (1983).

In October 1983, the district court entered an order…