United States Tenth Circuit

In a fees dispute involving the Equal Access to Justice Act, award of fees to the plaintiff is reversed and remanded where the district court's rationale is insufficient to support a finding that plaintiff was a "prevailing party" in the underlying litigation.

Appellate Information

• Decided 03/18/2008
• Published 03/28/2008

Judges

• O'CONNOR, Associate Justice (Ret.)., Before O'CONNOR, Associate Justice (Ret.),HENRY, Chief Circuit Judge, and TACHA, Circuit Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• John E. Arbab, Attorney (David C. Shilton, Attorney, Matthew J. McKeown, Acting Assistant Attorney General, and Kenneth S. Capps, of Counsel, Appellate Section of the United States Department of Justice, with him on the briefs), for Defendants-Appellants., Matt Kenna, Western Environmental Law Center, Durango, Colorado (Brad A. Bartlett and Travis Stills, Durango, CO, with him on the brief), for Plaintiff-Appellee.