Section 86 ?Substantially Justified? Agency Actions

• Library: Employer-Employee Law 2008

The Secretary’s position is “substantially justified” if the agency has a reasonable basis in both law and fact for pursuing the OSHA action. S & H Riggers & Erectors, Inc. v. OSHRC, 672 F.2d 426, 430 (5^th Cir. 1982); see also SEC v. Kluesner, 834 F.2d 1438, 1439–40 (8^th Cir. 1987) (government must “show not merely that its position was marginally reasonable[, but] its position must be clearly reasonable, well founded in law and fact, solid though not necessarily correct”). This reasonableness standard...