Over six years ago, in September and December of 2019, the United States Occupational Safety and Health Administration (“OSHA”) issued three Citations and Notifications of Penalty (Citations) to Respondent, Riverdale Mills Corporation (“Riverdale”), alleging violations of various safety and health standards promulgated under the Occupational Safety and Health Act of 1970, 29 U.S.C. §§ 651, et seq. (the “OSH Act”). Riverdale contested those Citations, bringing the matter before the United States Occupational Safety and Health Review Commission (“Commission”).

After extensive motions practice before two Commission judges, a hearing on the merits conducted by this Court, two appeals to two different Circuit Courts of Appeals (one determination of which Respondent took to the Supreme Court), this case is now again before this Court to determine a seemingly modest question: whether Riverdale has demonstrated it is entitled to an award to recover various expenses related to this proceeding under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504.