United States Tenth Circuit

Under 16 USC 1540(g)(4), which allows a plaintiff to recover attorneys' fees if the lawsuit served as a "catalyst" for an endangered species listing, government delay caused by congressional moratorium will defeat claim that lawsuit served as catalyst for listing.

Appellate Information

• Decided 08/21/2001
• Published 08/21/2001

Judges

• MURPHY, Circuit Judge., Before KELLY, McKAY, and MURPHY, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Matt Kenna,Kenna & Hickcox, P.C., Durango, CO, for Plaintiff-Appellant.


• For Appellees:
  
• Ronald M. Spritzer, United States Department of Justice, Washington, DC, (Lois J. Schiffer, Assistant Attorney General, District of New Mexico, John J. Kelly, United States Attorney, District of New Mexico, John W. Zavitz, Assistant United States Attorney, District of New Mexico, Albuquerque, NM;  Ellen Durkee, Jane P. Davenport, Sean H. Donahue, Attorneys, Environment and Natural Resources Division, United States Department of Justice, Washington, DC, on the brief), for Defendant-Appellee.