United States Of America V. Hallmark Construction Company

The United States filed suit on behalf of the Army Corps of Engineers (the "Corps") charging Hallmark Construction Company ("Hallmark") with discharging pollutants into a wetland in violation of the Clean Water Act ("CWA"), 33 U.S.C. sec. 1251 et seq. The trial court found in favor of Hallmark on the merits but denied Hallmark the attorney's fees it requested under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. sec. 2412. Hallmark now appeals the denial of attorney's fees. For the reasons stated herein, we remand.