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Owner-Operator Independent Drivers v. Federal Motor Carrier Safety Administration

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SUBMITTED FEBRUARY 13, 2012

Before ROVNER and WOOD, Circuit Judges, and GOTTSCHALL, District Judge.*fn1

In our opinion on the merits in this case, we vacated a final rule issued by the Federal Motor Carrier Safety Administration (FMCSA) about the use of electronic monitoring devices in commercial trucks. Owner-Operator Independent Drivers Ass’n v. Federal Motor Carrier Safety Admin., 656 F.3d 580 (7th Cir. 2011). Three of the petitioners, William J. Culligan, Adam D. Burnett, and Douglas Oldham, each of whom is a commercial truck driver, now seek attorneys’ fees and costs under the Equal Access to Justice Act (EAJA). FMCSA opposes the award. It argues that these individual drivers are not entitled to fees because the fourth petitioner, Owner-Operator Independent Drivers Association (OOIDA), which is not included in the fee petition, is the only party responsible for paying the attorneys’ fees incurred in the prosecution of the petition for review. After examining the relevant arrangements, we agree with FMCSA that the individual petitioners are not entitled to the requested fees.

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