Scheme: 
FMSHCITA0002
Case Type Number: 
7
Statute (Common Name): 
Equal Access to Justice Act
Program Area: 
Health & Safety
Legal Authorities (Statute/Exec. Order): 
5 U.S.C. 504
Regulatory Authorities (CFR): 
29 C.F.R. § 2700.24
Filed By: 
Private Party/Individual
Brief Description of Case Type: 
The Equal Access to Justice Act, 5 U.S.C. 504, provides for the award of attorney fees and other expenses to eligible individuals and entities who are parties to certain administrative proceedings (called “adversary adjudications”) before the Commission. An eligible party may receive an award when it prevails over the U.S. Department of Labor, Mine Safety and Health Administration (“MSHA”), unless the Secretary of Labor's position in the proceeding was substantially justified or special circumstances make an award unjust.
Relief Available in Actions Filed By Private Parties: 
Attorney Fees/Costs
Verified by Agency: 
Not verified