1. Home
  2. |Insights
  3. |Federal Circuit Opens Split Over Paralegal Reimbursement Under EAJA

Federal Circuit Opens Split Over Paralegal Reimbursement Under EAJA

Client Alert | less than 1 min read | 01.12.07

In a 2-1 decision which rejected a decision of another circuit, Judges Dyk and Rader in Richlin Security Serv. Co. v. Chertoff (Fed. Cir. Dec. 26, 2006) held that, under the Equal Access to Justice Act, prevailing parties can only recover the actual cost to the parties' law firms of paralegal services, not the market rates billed by the firms. Judge Plager in dissent found an analogous Supreme Court precedent convincing and argued that a prior Federal Circuit decision had already held to the contrary, requiring en banc reconsideration.

Insights

Client Alert | 3 min read | 04.25.24

JUST RELEASED: EPA’s Bold New Strategic Civil-Criminal Enforcement Collaboration Policy

The Environmental Protection Agency’s (EPA’s) Office of Enforcement and Compliance Assurance (OECA) just issued its new Strategic Civil-Criminal Enforcement Policy, setting the stage for the new manner in which the agency manages its pollution investigations. David M. Uhlmann, the head of OECA, signed the Policy memorandum on April 17, 2024, in order to ensure that EPA’s civil and criminal enforcement offices collaborate efficiently and consistently in cases across the nation. The Policy states, “EPA must exercise enforcement discretion reasonably when deciding whether a particular matter warrants criminal, civil, or administrative enforcement. Criminal enforcement should be reserved for the most egregious violations.” Uhlmann repeated this statement during a luncheon on April 23, 2024, while also emphasizing the new level of energy this collaborative effort has brought to the enforcement programs....