In a recent case, the NTSB held that an award of attorney fees and costs under the Equal Access to Justice Act (“EAJA”) is not appropriate when the FAA dismisses its case prior to a hearing. Unfortunately, this ruling is yet another barrier to recovery of attorney fees and costs when the FAA improperly pursues a case against a certificate holder. For a discussion of the decision, please read my latest article here.
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You Can’t Win An EAJA Award When The FAA Dismisses Its Case Before The Hearing
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Greg Reigel
Greg has more than two decades of experience working with airlines, charter companies, fixed base operators, airports, repair stations, pilots, mechanics, and other aviation businesses in aircraft purchase and sale transactions, regulatory compliance including hazmat and drug and alcohol testing, contract negotiation, airport grant assurances, airport leasing, aircraft related agreements, wet leasing, dry leasing, FAA certificate and civil penalty actions and general aviation and business law matters.
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