Environmental Health Trust Makes Case for FCC to Pay Legal Feels
The Environmental Health Trust said the FCC should be required to pay the group’s legal fees after last year’s U.S. Court of Appeals for the D.C. Circuit decision remanding a 2019 RF safety action for further work (see 2108130073). “The…
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FCC does not deny the … Petitioners are eligible to recover fees or are prevailing parties,” EHT said in a Tuesday brief in docket 20-1025: “Rather, it maintains that fees should not be awarded because the FCC’s position was substantially justified in issuing the challenged Order.” An "award of fees is not authorized in this case because the government’s position was ‘substantially justified,’” the FCC said: “Even if a fee award were available, the amounts claimed by petitioners (totaling about $358,000) are excessive and should be reduced" at least 50%.