Owner-Operator Independent Drivers Ass’n, Inc. v. Federal Motor Carrier Safety Admin.

Ct. of Appeals denied requests for attorney fees pursuant to Equal Access to Justice Act (EAJA) filed by three petitioners who were prevailing parties in lawsuit seeking vacatur of rule issued by FMCSA concerning use of electronic monitoring devices in commercial trucks. Record showed that said petitioners were not responsible for paying any attorney fees incurred in prosecution of instant petition for review, while fourth petitioner, which did not qualify for fees under EAJA, was only entity responsible for payment of said fees.