Jeroski v. Federal Mine Safety and Health Review Commission

Federal 7th Circuit Court
Civil Court
Citation
Case Number: 
No. 11-3687
Decision Date: 
October 11, 2012
Federal District: 
Petition for Review, Order of Federal Mine Safety and Health Review Commission
Holding: 
Petition denied
Federal Mine Safety and Health Review Commission did not err in denying petitioner’s request for attorney fees under Equal Access to Justice Act as “prevailing party” in administrative review of Federal Mine Safety and Health Administration Order requiring petitioner’s janitors to undergo 24 hours of safety training where mine-safety administration subsequently vacated its order without acknowledging any error in having initially issued it. Petitioner was not “prevailing party” that would entitle him to said attorney fees since no legal right of petitioner had been vindicated where mine-safety administration could reissue said order in future.