U.S. EPA Region V (the “Region”) appeals from a July 16, 2004 decision by Administrative Law Judge Carl C. Charneski (“ALJ”) awarding Respondent, Bricks, Inc. (“Bricks”), $79,174.15 in attorneys’ fees and expenses under the Equal Access to Justice Act (“EAJA”), 5 U.S.C. § 504, and its implementing regulations at 40 C.F.R. part 17. The fee award was based on the ALJ’s determination that the underlying action was not “substantially justified.”