Cactus Canyon Quarries Petitions for Review of ALJ Decision

Cactus Canyon Quarries, Inc. challenged seven MSHA citations issued after an inspection of its non-coal surface mine. MSHA later vacated the citations after the inspector became unavailable, and the Administrative Law Judge dismissed the proceeding.

Cactus Canyon sought attorney fees under the Equal Access to Justice Act, arguing that it was the prevailing party. The ALJ denied the request because the voluntary vacatur did not provide court-sanctioned relief or materially alter the parties’ legal relationship. The D.C. Circuit affirmed, reinforcing the Buckhannon prevailing-party standard for EAJA fee claims.

Original article:https://www.whitcomblawpc.com/business-law-blog/cactus-canyon-quarries-petitions-for-review-alj-decision