United States Tenth Circuit

A district court's order vacating as moot its prior order, which set aside a decision by the United States Forest Service that had revoked plaintiff's permits to operate a lodge and an outfitter-guide service, is affirmed where plaintiff's sale of its property mooted the case before the district court issued its order. Denial of plaintiff's request for attorney's fees under the EAJA is affirmed, as well.

Appellate Information

• Decided 12/28/2007
• Published 12/30/2007

Judges

• HARTZ, Circuit Judge., Before HARTZ, Circuit Judge, BRORBY, Senior Circuit Judge, and TYMKOVICH, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Submitted on the briefs: , Tracy A. Oldemeyer, Cline, Williams, Wright, Johnson & Oldfather, L.L.P., Fort Collins, Colorado, for Plaintiff-Appellant.


• For Appellees:
  
• Matthew J. McKeown, Acting Assistant Attorney General, Washington, D.C., Troy A. Eid, United States Attorney, and Kevin Traskos, Assistant United States Attorney, Denver, Colorado, Ellen Durkee and M. Alice Thurston, Attorneys, United States Department of Justice, Environment & Natural Resources Division, and Kenneth Pitt, Office of the General Counsel, Department of Agriculture, and Kenneth Pitt, Office of the General Counsel, Department of Agriculture, Washington, D.C., for Defendants-Appellees.