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Hirschey v. Federal Energy Regulatory Commission

United States Court of Appeals for the District of Columbia Circuit
777 F.2d 1 (1985)

Written by Sean Carroll, JD

Facts

In establishing the appropriate amount of attorneys’ fees under the 1985 amendment to the Equal Access to Justice Act (EAJA), the majority referenced a House committee report published leading up to the amendment. The committee report stated that the new law ratified the approach that four circuit courts had taken on the issue of attorneys’ fees and rejected the approach that the Ninth Circuit had taken. The report’s comment was on a portion of the EAJA that was the same in the amended EAJA as it was in the original.

Rule of Law

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Issue

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Holding and Reasoning ()

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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Concurrence (Scalia, J.)

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