Question

Under EAJA, if it is shown that the FAA was not substantially justified in pursuing a certificate action:

A. The FAA must pay the attorney fees of the prevailing party.
B. The plaintiff must pay the FAA's attorney fees.
C. The case is automatically dismissed.
D. The court imposes additional fines on the FAA.

Answer 1

Under the EAJA, if the FAA was not substantially justified in pursuing a certificate action, they must pay the attorney fees of the prevailing party.

Step-by-step explanation:

Under the Equal Access to Justice Act (EAJA), if it is shown that the Federal Aviation Administration (FAA) was not substantially justified in pursuing a certificate action, the FAA must pay the attorney fees of the prevailing party. This means that if the FAA's actions were not justified, they are responsible for covering the attorney fees of the party that was successful in the case.

So, the correct answer to the question is option A. The FAA must pay the attorney fees of the prevailing party.