Cactus Canyon Quarries, Inc. v. MSHR, No. 14-1260 (D.C. Cir. 2016)
Annotate this CaseMSHA issued seven citations to Cactus Canyon for violations of the safety and health standards under the Federal Mine Safety and Health Act of 1977, 30 U.S.C. 801 et seq. Cactus Canyon then sought to contest the citations before the Commission. After the case was assigned to an ALJ, but before any hearings were held, the Secretary decided to vacate the citations. Over the objection of Cactus Canyon, the ALJ dismissed the case without indicating whether the dismissal was with or without prejudice. Cactus Canyon then filed an application for the award of attorney’s fees under the Equal Access to Justice Act (EAJA), 5 U.S.C. 504(a)(1). Following this court’s precedent in Turner v. National Transportation Safety Board, the court held that Cactus Canyon is not eligible for fees because it is not a prevailing party. Accordingly, the court denied the petition for review.
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