What is the test for a finding that the government's position was justified to a reasonable person?
MultiRegion, United States of America
The following excerpt is from Oregon Natural Resources Council v. Marsh, 52 F.3d 1485 (9th Cir. 1995):
ONRC's appeal turns on whether the district court abused its discretion in finding that the government's position was "justified to a degree that could satisfy a reasonable person." Pierce v. Underwood, 487 U.S. 552, 565, 108 S.Ct. 2541, 2550, 101 L.Ed.2d 490 (1988). Although this question is never easy to resolve, I do not believe the panel can fairly say that the district court's reasoning lacks support in the record. 2
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