pierce underwood argued december decided june one petitioner predecessors secretary housing urban development decided implement operating subsidy program authorized federal statute intended provide payments owners apartment buildings offset rising utility expenses property taxes various plaintiffs including respondent members nationwide class housing tenants successfully challenged decision lawsuits nine federal district courts two decisions affirmed courts appeals newly appointed secretary settled plaintiffs including respondents district administering settlement congress passed equal access justice act eaja authorizes award reasonable attorney fees government unless finds position substantially justified eaja amount fees awarded must based upon prevailing market rates kind quality services furnished except fees shall awarded excess per hour unless determines increase cost living special factor limited availability qualified attorneys proceedings involved justifies higher fee awarded fees respondents eaja concluding decision implement program substantially justified basing amount award exceeded million special factors justifying hourly rates excess cap appeals held district abused discretion concluding secretary position substantially justified special factors relied district justified exceeding cap held reviewing district determination secretary position substantially justified appeals correctly applied standard rather de novo standard review neither clear statutory prescription historical tradition requires choice standards however deferential review suggested eaja language requires fees award unless finds rather simply unless position substantially justified statute structure expressly provides standard review agency fee determinations matter sound judicial administration district courts better position courts appeals decide substantial justification question moreover question multifarious novel little susceptible useful generalization time therefore likely profit experience standard permit develop pp statutory phrase substantially justified means justified substance main justified degree satisfy reasonable person interpretation phrase accords related uses term substantial equivalent reasonable basis law fact formulation adopted vast majority courts appeals respondents reliance house committee report pertaining reenactment eaja proposition substantial justification means mere reasonableness misplaced since report authoritative interpretation statute meant language drafted committee merely accepted existing statutory phrase pp appeals correctly ruled district abuse discretion finding government position substantially justified although objective indicia relevant establishing substantial justification inconclusive case government willingness settle litigation stage proceedings merits decided reliable objective indicia neither views expressed courts merits provide support sides government arguments merits underlying issue command conclusion position substantially justified pp district abused discretion fixing amount respondents attorney fees since none reasons relied increase reimbursement rate statutory maximum special factor within eaja meaning since special factor formulation suggests congress thought hour generally sufficient regardless prevailing market rate limited availability factor must refer attorneys qualified proceedings specialized sense patent lawyers patent proceedings rather general legal competence similarly order preserve cap effectiveness special factors must broad general application thus factors relied novelty difficulty issues undesirability case work ability counsel results obtained contingent nature fee qualify since applicable broad spectrum litigation little routine reasons market rates pennsylvania delaware valley citizens council clean air distinguished pp scalia delivered opinion part participating members joined parts ii iv rehnquist brennan marshall blackmun stevens joined part iii rehnquist white stevens joined part rehnquist stevens joined white joined except last three lines brennan filed opinion concurring part concurring judgment marshall blackmun joined post white filed opinion concurring part dissenting part joined post kennedy took part consideration decision case deputy solicitor general merrill argued cause petitioner briefs solicitor general fried assistant attorney general willard deputy solicitor general lauber charles rothfeld william kanter john koppel gershon ratner mary burdick argued cause respondents brief richard rothschild briefs amici curiae urging affirmance filed battles farm et al gerald goldman thomas goldberg national organization social security claimants representatives robert rains nancy shor san francisco lawyers committee urban affairs et al marilyn kaplan small business foundation america et al david overlock stewart vernice dubose et al dennis william clendenen justice scalia delivered opinion respondents settled lawsuit one petitioner predecessors secretary housing urban development awarded attorney fees found position taken secretary substantially justified within meaning equal access justice act eaja also determined special factors justified calculating attorney fees rate excess cap imposed statute granted certiorari resolve conflict courts appeals important questions concerning interpretation eaja compare dubose pierce cert pending per curiam amended case dispute arose decision one petitioner predecessors secretary implement operating subsidy program authorized amended housing community development act pub stat formerly codified supp iv program provided payments owners apartment buildings offset rising utility expenses property taxes various plaintiffs successfully challenged secretary decision lawsuits filed nine federal district courts see underwood pierce supp cd cal citing cases secretary appealing adverse decisions respondents members nationwide class tenants residing housing brought present action challenging secretary decision district district columbia also decided issue secretary granted summary judgment favor respondents entered permanent injunction writ mandamus requiring secretary disburse accumulated fund see underwood hills supp stayed district judgment pending appeal sub nom hills cooperative services appeals second circuit similarly stayed pending appeal one eight district judgments secretary see dubose harris two judgments affirmed courts appeals see ross community services abrams hills vacated sub nom pierce ross consolidated cases granted secretary petitions writs certiorari review decisions harris ross appeals reached decision issue review merits newly appointed secretary settled plaintiffs cases secretary agreed pay settlement fund million distribution owners subsidized housing tenants whose rents increased subsidies paid present case transferred central district california administration settlement settlement administered congress passed eaja relevant provides except otherwise specifically provided statute shall award prevailing party fees expenses incurred party civil action brought unless finds position substantially justified special circumstances make award unjust purposes subsection fees expense includes reasonable attorney fees amount fees awarded subsection shall based upon prevailing market rates kind quality services furnished except ii attorney fees shall awarded excess per hour unless determines increase cost living special factor limited availability qualified attorneys proceedings involved justifies higher appeal appeals ninth circuit held district abused discretion concluding secretary position substantially justified appeals also held special factors relied district justified increasing hourly rates attorneys justify applying multiplier lodestar amount therefore reduced award see granted secretary petition certiorari questions whether government position substantially justified whether courts properly identified special factors justifying award excess statute cap attorney fees ii first consider whether appeals applied correct standard reviewing district determination secretary position substantially justified purposes standard review decisions judges traditionally divided three categories denominated questions law reviewable de novo questions fact reviewable clear error matters discretion reviewable abuse discretion ninth circuit treated issue substantial justification involving last courts appeals treated involving first see battles farm pierce app cert pending dubose pierce trial determinations question standard appellate review answered relatively explicit statutory command see discretion may allow prevailing party reasonable attorney fee others answer provided long history appellate practice trial determination one neither clear statutory prescription historical tradition exists uncommonly difficult derive pattern appellate review questions analytical framework yield correct answer see rosenberg judicial discretion trial viewed syracuse rev hereinafter rosenberg today past shall attempt discern create comprehensive test persuaded significant relevant factors call abuse discretion standard present case turn first language structure governing statute provides attorney fees shall awarded unless finds position substantially justified emphasis added formulation opposed simply unless position substantially justified emphasizes fact determination district make thus suggests deference district upon appeal inference compelled certainly available moreover related provision eaja requires administrative agency award attorney fees litigant prevailing agency adjudication government position substantially justified specifies agency decision may reversed reviewing finds failure make award unsupported substantial evidence doubt intent interlocking scheme appeals accord deference agency determination position substantially justified determination federal district however inference deference assuredly compelled recently observed regard problem determining whether mixed questions law fact treated questions law fact purposes appellate review sometimes decision turned determination matter sound administration justice one judicial actor better positioned another decide issue question miller fenton think consideration relevant present context well argues favor deferential review begin elements bear upon whether government position substantially justified may known district infrequently question turn upon merely law evidence regarding facts reason settlement conferences pretrial activities district may insights conveyed record matters whether particular evidence worthy relied upon whether critical facts easily verified government moreover even district judge full knowledge factual setting acquired appellate acquisition often come unusual expense requiring undertake unaccustomed task reviewing entire record determine whether existed usual minimum support merits determination made factfinder determine whether urging opposite merits determination substantially justified cases present one attorney fee determination involve judgment ultimately based upon evaluation purely legal issue governing litigation assumed however de novo review require appellate invest substantial additional time since case grapple legal issue merits contrary one expect government case feeble provide grounds eaja award often settlement failure appeal adverse judgment moreover even merits appeal even occurs simultaneously goes panel entertains appeal attorney fee award latter legal question precisely merits law government substantially justified believing eaja appeals investment appellate energy either fail produce normal benefits come appellate decision question law else strangely distort appellate process former result obtain intervening legal decisions relevant circuit law circuit time eaja appeal quite clear question government substantially justified believing entirely historical interest hand law circuit remains unsettled time eaja appeal ruling government substantially justified believing unless reason think changed since effectively establish circuit law peculiar secondhanded fashion moreover possibility latter occurrence encourage needless merits appeals government since know appeal victorious plaintiff appeals denial attorney fees loss merits converted loss merits without opportunity victory merits untoward consequences substantially reduced entirely avoided adopting standard review another factor find significant described follows professor rosenberg one good reasons conferring discretion trial judge sheer impracticability formulating rule decision matter issue many questions arise litigation amenable regulation rule involve multifarious fleeting special narrow facts utterly resist generalization least time problem rule diffuseness circumstances novelty vagueness similar reasons argue allowing experience develop appears sound reason conferring discretion magistrate useful analogue course development rule federal rules civil procedure providing spite litigant tardiness rule specifies deadline trial discretion may order trial jury issues years appellate courts consistently upheld trial judges allowing refusing jury trials laid two guidelines exercise discretionary power products cumulative experience guidelines relate justifiability tardy litigant delay absence prejudice adversary time experience allowed formless problem take shape contours guiding principle emerge rosenberg must acknowledged militating use standard present case substantial amount liability produced district judge decision sort decision ordinarily substantial consequences one might expect reviewed intensively regard however present case characteristic eaja attorney fee cases median award less see annual report director administrative office courts fees expenses awarded equal access justice act pp table eaja awards fiscal year department health human services averaged think generality rather exception must form basis rule sum although acknowledged outset resolution issue rigorously scientific satisfied text statute permits sound judicial administration counsels deferential review district decision regarding attorney fees eaja addition furthering goals described implement view request attorney fees result second major litigation hensley eckerhart iii proceeding consider whether trial abused discretion case one abstract legal issue resolve meaning phrase substantially justified appeals following ninth circuit precedent held government position substantially justified reasonable basis law fact source formulation committee report prepared time original enactment eaja commented test whether government position substantially justified essentially one reasonableness law fact conf petition government urges us hold substantially justified means litigating position must substance fair possibility success brief petitioner respondents hand contend phrase imports something simple reasonableness standard brief respondents though somewhat vague precisely high standard strong showing addressing issue make clear outset think appropriate substitute formula congress adopted judicially crafted revision whether reasonable basis law fact anything else substantially justified test statute prescribes issue framed terms said nevertheless obvious need elaborate upon meaning phrase broad range interpretations described attributable fact word substantial two quite different indeed almost contrary connotations one hand mean onsiderable amount value like large webster new international dictionary ed example statement election substantial majority hand mean hat substance main ibid example statement said substantially true depending upon connotation one selects substantially justified susceptible interpretations ranging government respondents however dealing field law provides guidance matter judicial review agency action field issue regularly proceeds rubric substantial evidence set forth administrative procedure act phrase mean large considerable amount evidence rather relevant evidence reasonable mind might accept adequate support conclusion consolidated edison nlrb area related present case another way test avoiding imposition attorney fees resisting discovery district whether resistance substantially justified fed rules civ proc knowledge never described meaning justified high degree rather said satisfied genuine dispute advisory committee notes amendments fed rule civ proc see quaker chair litton business systems sdny reasonable people differ appropriateness contested action reygo pacific johnston pump see wright miller federal practice procedure sec musella cch fed sec sdny smith montgomery county supp md view therefore two commonly used connotations word substantially one naturally conveyed phrase us justified high degree rather justified substance main justified degree satisfy reasonable person different reasonable basis law fact formulation adopted ninth circuit vast majority courts appeals addressed issue see yoffe dubose pierce citizens council delaware county brinegar anderson heckler hanover building materials guiffrida trident marine construction district engineer ramos haig foster tourtellotte per curiam boxes boned beef cert denied sub nom feedlots ashburn substantially justified means course merely undeserving sanctions frivolousness assuredly standard government litigation reasonable person approve respondents press upon us excerpt house committee report pertaining reenactment eaja read follows several courts held correctly substantial justification means merely reasonable congress rejected standard reasonably justified favor substantially justified test must mere reasonableness omitted even ordinary situation house report suffice fix meaning language reporting committee even draft much less willing accord force present case since clearest indication congressional command persuade us adopt test accord prior usage unadministrable mere reasonableness test reasonableness test clearly convincingly justified one even respondents suggests applicable simply accepted ledge hold anchor steady consistent judicial behavior iv reach last merits whether district abused discretion finding government position substantially justified parties argue purposes inquiry courts rely objective indicia terms settlement agreement stage proceedings merits decided views courts merits suggest avoid possibly inexact process assessing strength government position disagree objective indicia relevant think provide conclusive answer either direction present case respondents contend lack substantial justification government position demonstrated willingness settle litigation unfavorable terms factors however might explain settlement equally well example change substantive policy instituted new administration unfavorable terms settlement agreement without inquiry reasons settlement conclusively establish weakness government position hold otherwise distort truth penalize thereby discourage useful settlements respondents contend weakness government position established objective fact merits decided pleadings stage disagree least dispute centers upon questions law rather fact summary disposition proves district judge efficient parties rely upon objective indicia consisting views expressed courts merits government position obviously fact one agreed disagreed government establish whether position substantially justified conceivably government take position substantially justified yet win even likely take position substantially justified yet lose nevertheless string losses indicative even string successes however say category objective indicia enough decide present case respondents emphasize every hear merits nine district courts two courts appeals rejected government position secretary responds stays issued appeals second circuit reflect view merits objectively establish substantial justification unlikely granted government petitions certiorari two cases review issue secretary argument substantial brief petitioner respondents reply neither stays grants certiorari reliable indications substantial merit parse arguments respondents side case least sufficient force possibly state basis objective indications alone district abused discretion finding substantial justification turn actual merits government litigating position government argued program established permissive rather mandatory language secretary authorized make contract make payments supp iv emphasis added contrasts mandatory language congress used creating related housing subsidy program secretary shall make contract make emphasis added moreover government argued position supported decision pennsylvania lynn app held program authorized permissive statutory language suspended secretary concluded implementation interfere housing goals finally government contended congress authorized sufficient funds conduct program well two related subsidy programs secretary discretion suspend program respondents argued rebuttal statutory language made clear program mandatory shall established initial operating expense level shall established secretary later days august supp iv project owner shall pay secretary rental charges collected excess basic rental charges excess charges shall credited reserve fund used secretary make additional assistance payments furthermore respondents argued lynn support government position secretary contend case program inconsistent national housing policy also pointed direct precedents time government took position present case nine adverse district decisions finally respondents argued secretary need additional authorization reserve fund excess rental charges accumulated tens millions dollars used payments say description commands conclusion government position substantially justified accordingly affirm ninth circuit holding district judge abuse discretion found final issue us whether amount attorney fees award proper well established standard applies see hensley eckerhart pennsylvania delaware valley citizens council clean air blackmun concurring part dissenting part eaja provides attorney fees shall based upon prevailing market rates kind quality services furnished shall awarded excess per hour unless determines increase cost living special factor limited availability qualified attorneys proceedings involved justifies higher fee ii allowing fees rate excess cap adjusted inflation district relied upon circumstances arguably come within single example special factor described statute limited availability qualified attorneys proceedings involved turn first meaning provision limited availability qualified attorneys proceedings involved meant merely lawyers skilled experienced enough try case short supply effectively eliminate cap since prevailing market rates kind quality services furnished obviously determined relative supply kind quality services limited availability interpreted special factor factor virtually always present services market rate provided think congress meant rates lawyers relevant city even entire country come exceed per hour adjusted inflation rate govern instead statutory cap contrary special factor formulation suggests congress thought hour generally quite enough public reimbursement lawyers fees whatever local national market might exception limited availability qualified attorneys proceedings involved must refer attorneys qualified proceedings specialized sense rather general legal competence think refers attorneys distinctive knowledge specialized skill needful litigation question opposed extraordinary level general lawyerly knowledge ability useful litigation examples former identifiable practice specialty patent law knowledge foreign law language qualifications necessary obtained rates excess cap reimbursement limit allowed reason need preserve intended effectiveness cap think special factors envisioned exception must broad general application need specify might include nothing relied upon district case novelty difficulty issues undesirability case work ability counsel results obtained app pet cert factors applicable broad spectrum litigation little routine reasons market rates factor customary fees awards cases even worse even routine reason market rates rather description market rates abuse discretion district rely factors final factor considered district contingent nature fee also generally applicable regarded special reason exceeding statutory cap issue quite different question enhancement faced last term pennsylvania delaware valley citizens council clean air delaware valley ii eaja differs sort statutory scheme issue contains special factor requirement fundamentally designed reimburse reasonable fees without limit cap exceeded neither client paying reasonable hourly fee client paying reasonable contingent fee fully compensated moreover impossible regard use eaja means fostering practice nonmonetary claims claims certain favored category cases unlike statutes discussed delaware valley ii eaja subsidy directed category litigation identified advance attorney may possible base economically viable practice upon acceptance nonmonetary cases clean air act cases fair prospect victory quite impossible base practice upon acceptance nonmonetary cases fair prospect government position substantially justified even lawyer assess strength government case time initial discussions prospective client lawyer rarely able assess degree certainty likelihood government position deemed unreasonable produce eaja award sure allowing contingency special factor might cause eaja foster practice broad category litigation federal government besides fact effect diluted insignificant think congress purpose providing reimbursement small category cases subsidize litigation conclude therefore none reasons relied upon district increase rate reimbursement statutory special factor ordered footnotes contrary justice brennan suggestion post analysis convert statutory term substantially justified reasonably justified justice brennan arguments force statutory criterion substantially correct rather substantially justified position justified even though correct believe substantially part justified reasonable person think correct reasonable basis law fact perhaps possible argue congress intended create dichotomy phrase kind quality services furnished first part later reference attorneys qualified proceedings involved meaning former refer legal services provided may quite de luxe latter refer legal services really needed case may quite de luxe services really needed argument run reimbursed rate cap problem provisions define limit statutory term reasonable attorney fees see supra since primary term assuredly embraces notion fees must relate services kind quality needed case phrase prevailing market rates kind quality services furnished must fact refer kind quality services furnished needed reading besides distorting text produces peculiar result attorney fees services needlessly high quality reimbursable per hour beyond justice brennan justice marshall justice blackmun join concurring part concurring judgment agree award attorney fees equal access justice act eaja appropriate case agree courts adhere statutory hourly cap fees therefore concur judgment affirming decision award fees remanding new determination amount disagree however reasoning agree appellate courts review district eaja fee awards abuse discretion view government may prove position substantially justified showing merely reasonable therefore although join parts ii iv opinion join part iii believe interpretation predicate showing party obtain fee award exceeding statutory cap existed special factor limited availability qualified attorneys proceedings involved stingier congress intended join part opinion concerned government vast resources force citizens acquiescing adverse government action rather vindicating rights simply threatening costly litigation congress enacted eaja waiving sovereign general statutory immunity fee awards creating limited exception american rule awarding attorneys fees prevailing parties pp consequently qualified party defined act prevails adversarial proceeding sounding tort eaja prescribes shall award fees expenses unless finds position substantially justified special circumstances make award unjust first eaja case called upon consider phrase substantially justified begins proper plain meaning statutory language points substantially word precise singular definition indeed word bears two arguably different relevant definitions considerable amount value like large substance main ante see also webster third new international dictionary considerable amount value worth solid firm foundation specified large degree main concludes agree extent different congress intended latter meaning unfortunately feels duty bound go beyond words enacted congress fashion substitute phrase using perceives legally precise term test upon alights initially reasonable basis law fact standard adopted courts ante phrase often mentioned legislative history explication substantially justified alternative phraseology inherently precise statutory language fact may less equates test reasonableness ante standard rejected congress significantly forgiving one actually adopted senate judiciary committee considered rejected amendment substituting phrase reasonably justified substantially justified clearly committee equate reasonable substantial contrary understood two terms embrace different burdens reasonable variety connotations may defined absurd ridiculous webster new third international dictionary even strongest term implies position necessarily much merit however seen substantial different definition substance main thus word connotes solid position position firm foundation true reasonable substantial overlap somewhat substantial weakest reasonable strongest overlap identity therefore although congress may well intended use substantial weaker sense reason believe substantial reason disbelieve discuss congress intended word mean reasonable weaker sense underlying problem methodology uses words terms similar identical meanings substitute standard rather aid choosing among assertedly different meanings statutory language thus instead relying legislative history tools interpretation help resolve ambiguity word substantial uses tools essentially jettison phrase crafted congress point well illustrated government position case content term substantially justified government asks us hold may avoid fees position reasonable satisfied even substitution asked hold position reasonable substance fair possibility success brief petitioner government successive definitions may stray far one end product significantly removed substantially justified believe congress intended eaja award fees government position one substance slight possibility success hope government rarely engages litigation fitting definition surely often enough warrant million attorney fees congress expected spend original eaja life view substantially justified means merely reasonable aside conforming words congress actually chose bolstered eaja legislative history phrase substantially justified congressional attempt fashion middle ground earlier unsuccessful proposal award fees cases government prevail department justice proposal award fees government position arbitrary frivolous unreasonable groundless far occupying middle ground test reasonableness firmly encamped near position espoused justice department moreover house committee report pertaining eaja reenactment expressly substantially justified means mere reasonableness although agree report dispositive committee unequivocal rejection pure reasonableness standard course considering bill reenacting eaja deserving weight finally however lopsided weight authority lower courts meaning substantially justified might lower opinions longer nearly unanimous district columbia third eighth federal circuits adopted standard higher mere reasonableness sixth circuit considering question en banc see riddle secretary health human services adopting higher standard vacated rehearing en banc lee johnson acres land gavette opm ca fed en banc spencer nlrb app sum journey substantially justified reasonable basis law fact test reasonableness crystallize law true congress intent instead allows government creep standard towards substance fair possibility success position believe congress intentionally avoided view hold government avoid fees makes clear showing position solid basis opposed marginal basis unreasonable basis law fact may less anchored test reasonableness debatable proposition excuse abandon test congress enacted ii also disagree discussion circumstances supporting fee enhancement beyond adjusted inflation cap set congress although agree lower courts judgment regard stand statute courts may award fees excess cap unless special factor limited availability qualified attorneys proceedings involved justifies higher fee ii district found limited availability qualified attorneys also additional special factors warranting increase deciding however district appeals analyses erroneously mirrored analysis statute without hourly rate limitation congress clearly meant contain potential costs eaja limiting hourly rate attorneys fees awarded consequently consideration factors like counsel customary rate perfectly appropriate justify exceeding eaja cap hold otherwise render cap nothing advisory despite congress expressed intent permit higher awards rare cases said job decide meaning term special factor limited availability qualified attorneys begins single expressed special factor limited availability qualified attorneys holds phrase refers attorney required articulable specialization refer limited availability attorneys experienced skilled enough handle proceedings involved reasons allowing enhancement extraordinary skill experience even required render cap nugatory since factors merely set market rate tidy analysis simplistic striking aspect holding regard willingness ignore plain meaning language exception rare eaja case highly experienced attorneys truly required neophyte lawyer qualified proceedings involved nonpatent lawyer handle patent case interpretation might nonetheless appropriate cap otherwise actually rendered meaningless case first must keep mind nature cases congress envisioned result fee award government position substantially justified observation takes much force reasoning rare case attorney exceptional skill necessary government position weak enough warrant eaja award second phrase limited availability qualified attorneys read conjunction special factor reflects congressional judgment price lawyers generally exceeds cap trend alone justify increase therefore awarding enhancement cases extraordinary experience skill required write cap statute third economic analysis assumes market price services rendered always precisely known assumption share one reason believe congress shared reasonable hourly rate determined exactitude according preset formulation accounting nature complexity every type case therefore courts often assume attorney normal hourly rate reasonable case public interest counsel reasonable rate generally rate charged attorney like skill experience reputation blum stenson certainly adjustments appropriate fee charged line nature services rendered however adjustments often difficult make given prevailing market rate determined reference particular attorney involved rather minimally qualified hypothetical lawyer fee determination become second major litigation hensley eckerhart moreover extent even simple case higher hourly rates may offset fewer hours billed due counsel greater efficiency absent statutory cap factors used eaja analysis extensively used analysis however showing particular attorney retained normally charges statutory cap avail fee applicant nothing eaja although may dispositive therefore simply wrong asserts allow showing extraordinary skill experience rare case required justify enhanced award cap rendered meaningless far logic supporting patent lawyer exception fraction bar qualified handle case attorneys may charge premium services supports enhancement skill experience equally troubling requirement special factor must broad general application ante given explanation limitation beyond declaration necessary preserve efficacy cap willing say special factor everything relied upon given example anything special factor specialization already considered falling within limited availability qualified attorneys proceedings involved example rejected lower courts list factors entirety seems leaves nothing remaining strained interpretation apparently reading words act unnecessary see engineers action smoking health cab app cf kungys provision statute construed entirely redundant special factor may readily analogized factors identified blum enhance lodestar figure blum held lodestar amount reasonable hourly rate multiplied number hours billed presumably reasonable fee however also held upward adjustment may appropriate rare case fee applicant offers specific evidence show quality service rendered superior one reasonably expect light hourly rates charged success exceptional internal quotations omitted analogizing eaja context lodestar calculated multiplying reasonable rate capped number hours billed amount presumably proper award however factor exists justify enhancement lodestar amount enhancement eaja award might also appropriate unlike lower courts approach rule read cap statute predicted blum lodestar enhancement appropriate rare case although blum enhancers constitute situation limited availability qualified counsel statute expressly allows considered miserly refusal accede statutory command unjustified unwarranted therefore concur judgment fee calculation view term substantially justified imposing higher burden government reasoning part iv opinion applies perforce view case purposes eaja different federal rule civil procedure served substantial evidence test used review agency determinations believe meanings given term substantial contexts govern left open whether contingent nature fee also justify enhancement however much reasons stated question pertinent eaja case one thing say enhancement necessary compensate attorney victory uncertain another thing entirely say enhancement necessary compensate attorney lack substantial justification uncertain justice white justice joins concurring part dissenting part agree majority interpretation term substantially justified used equal access justice act eaja however believe district assessment whether government legal position substantially justified reviewed de novo attorney fees award case sustained standard review dissent parts ii iv majority opinion majority acknowledges neither language structure eaja compel deferential review district determination whether government position substantially justified ante fact statute wholly silent standard determinations reviewed congressional silence face general rule de novo review legal issues eaja special purpose encouraging meritorious suits government suggests different result reached majority congress adopted eaja certainly aware general rule issues law reviewed de novo issues fact reviewed clear error see fed rule civ proc swint congress known whether particular legal position substantially justified question law rather fact historical facts established question resolved legal analysis relevant statutory decisional authorities appellate courts expected perform district columbia circuit observed special expertise experience appellate courts assessing relative force competing interpretations applications legal norms makes case de novo review judgments whether government legal position substantially justified even stronger case review paradigmatic conclusions law spencer nlrb app cert denied thus likely congress expected courts appeals apply de novo standard review district assessment whether government interpretation law substantially justified purposes eaja apply district assessment whether government interpretation law correct underlying litigation de novo appellate review whether government legal position substantially justified also foster consistency predictability eaja litigation appeals may required majority abuse discretion standard affirm one district holding government legal position substantially justified another district holding position substantially justified long district opinion substantiality government case rests defensible construction application statute view command appeals defer even though view legal issue quite different availability attorney fees difficult predict vary circuit circuit even within particular circuit uncertainty potential availability attorney fees view undermine eaja purpose encouraging challenges unreasonable governmental action see spencer supra finally federal courts appeals concluded near unanimity close scrutiny de novo review applied district courts assessments whether government legal position substantially justified see brinker guiffrida estridge haitian refugee center meese yoffe russell national mediation essex electro engineers ca fed hicks heckler sigmon fuel tva boudin thomas boxes boned beef cert denied sub nom feedlots spencer supra weight appellate authority reinforces view whether government interpretation law substantially justified appropriate question de novo review ii believe district conclusion government position litigation substantially justified withstand appellate scrutiny de novo standard review housing statute issue case provided three subsidy programs program program program secretary failure implement last programs challenged respondents statute provided secretary authorized make contract make payments supp iv emphasis added contrast statute stated secretary shall make contract make payments emphasis added concluding congress authorized commit funds sufficient operate three subsidy programs secretary hills decided devote available funds clearly mandatory program certain commitments program rather spread funds among three programs whether courts might differ secretary hills scope discretion decline implement program see ante given statutory language existing case law conclusion without substantial justification statutory provisions instructing secretary make payments merely authorizing make payments reasonably construed vesting secretary discretion implementation program congress intended give secretary choice matter defensible believe congress directed secretary shall make contract make payments moreover decision pennsylvania lynn app offered support secretary position appeals held case secretary abused discretion suspending program secretary likewise authorized make contract make payments concluded program serving national housing goals lynn case course fours one however lynn suggests secretary degree discretion whether implement housing programs couched clearly mandatory statutory language decision given secretary hills reason believe discretion properly exercised regard program conclude upon de novo review secretary refusal implement program substantially justified reverse award attorney fees eaja congress remained silent standard review applied district determinations whether attorney fee award appropriate yet explicitly directed abuse discretion standard applied similar determinations governmental agencies see seem militate rather favor rule adopted majority see ante reasonable inference drawn difference statutory provisions governing attorney fees congress knew specify abuse discretion standard chose congress choose regard attorney fee awards district courts majority suggests abuse discretion standard desirable order limit amount appellate energy expended cases unlikely yield benefits ante thought decisions concerning allocation appellate resources better left congress courts appeals concentrate efforts clarifying law expense correcting district errors may affect parties particular case congress make policy choice event law circuit indeed quite clear time eaja appeal appellate may often expend relatively little energy ascertaining whether law also reasonably clear earlier date course cases law circuit remains unsettled time eaja appeal appellate may provide needed guidance government individuals similar legal claims majority concern de novo review force government take needless merits appeals appear shared government argued throughout litigation question whether legal position substantially justified reviewed de novo standard rather abuse discretion standard dubose pierce cert pending appeals held secretary refusal implement program substantially justified purposes eaja relied heavily pennsylvania lynn concluding governing law extent existed mandate hud surrender early litigation bec render hud position clearly unjustifiable even several lower courts ruled secretary program concludes amount award must reconsidered agree respect hence join part opinion