Pronghorn Drilling Company

Plain-English summary

Pronghorn Drilling Company sought fees and expenses in an Equal Access to Justice Act proceeding connected to former WEST 2000-537-M and 538-M cases. Judge Gary Melick awarded $58,395.13 after considering the company's requests for fees and expenses through February 21, 2002. The award included an adjustment for a disputed amount and reimbursement for Westlaw charges identified in an amended application. The Secretary of Labor was ordered to pay the award within 40 days.

Decision snapshot

• Governing authority: Equal Access to Justice Act, 5 U.S.C. § 504, and the Commission's EAJA procedures
• Outcome: The Secretary was ordered to pay Pronghorn Drilling Company $58,395.13 in fees and expenses within 40 days.
• Key point: The final fee award resolved the company's EAJA application after the merits decision, amendment, and denial of reconsideration.

Full text (FMSHRC public release)

FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION

                             OFFICE OF ADMINISTRATIVE LAW JUDGES
                                      2 SKYLINE, Suite 1000
                                      5203 LEESBURG PIKE
                                 FALLS CHURCH, VIRGINIA 22041


                                      March 4, 2002

PRONGHORN DRILLING COMPANY, : EQUAL ACCESS TO JUSTICE
Applicant : PROCEEDING
:
v. : Docket No. EAJ 2001-4
:
SECRETARY OF LABOR, : Formerly WEST 2000-537-M / 538-M
MINE SAFETY AND HEALTH : A. C. Nos. 48-00837-05501 N5Y
ADMINISTRATION (MSHA), : 48-00837-05502 N5Y
Respondent: :
: Smith Ranch Project

             FINAL DECISION AWARDING FEES AND EXPENSES

   The decision on the merits in this Equal Access to Justice proceeding was issued January

15, 2002, and amended on February 14, 2002. A Motion to Reconsider Decision filed by the
Secretary was denied on March 1, 2002.

    Applicant Pronghorn Drilling Company (Pronghorn) is seeking an award of fees and

expenses in this proceeding. (a) For the period through September 2001, in the amount of
$50,942.45. For the reasons set forth in the Order Denying Motion to Reconsider Decision, the
Secretary’s challenge to a portion of this amount is denied. (b) For the period from October 1,
2001, t hrough January 31, 2002, in the amount of $5,258.97. Of this amount, $488.13, is
disputed by the Secretary. Pronghorn acknowledges that it cannot “justify the expense.” In an
amended application filed February 25, 2002, Pronghorn also seeks reimbursement for $923.92,
for “Westlaw charges.” Accordingly the award for this period is adjusted to $5,714.76. (c) For
the period from February 1, 2002 to February 21, 2002, Pronghorn seeks fees and expenses of
$1,757.92. These amounts are not disputed.

                                         ORDER

  The Secretary of Labor is hereby directed to pay to Pronghorn Drilling Company, an

award of $58,395.13, in fees and expenses within 40 days of the date of this order.

                                          Gary Melick
                                          Administrative Law Judge



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Distribution: (By Certified Mail)

Sean P. Durrant, P.C., Palmerlee & Durrant, LLC, 11 North Main Street, Buffalo, WY 82834

Edward Falkowski, Esq., Office of the Solicitor, U.S. Dept. of Labor, P.O. Box 46550, Denver,
CO 80201-6550

\mca

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