United States Ninth Circuit
Citizens for Better Forestry v. US Dep't of Agric., 07-16077
In Plaintiff's motion for attorney's fees in a matter in which the USDA withdrew the regulation at issue while the case was pending, the award of fees is reversed, where Plaintiff received no relief from any court, and thus did not qualify as a "prevailing party" under the Equal Access to Justice Act.
Appellate Information
- Argued 10/22/2008
- Decided 06/09/2009
- Published 06/09/2009
Judges
- Before: PROCTER HUG, JR., MELVIN BRUNETTI and RICHARD R. CLIFTON, Circuit Judges.
Court
- United States Ninth Circuit
Counsel
- For Appellees:
- Ronald J. Tenpas, Assistant Attorney General; Andrew A. Smith, Andrew C. Mergen, and Robert J. Lundman (argued), United States Department of Justice, Washington, DC, for defendants-appellants., Peter M.K. Frost, Western Environmental Law Center, Eugene, OR, for the plaintiffs-appellees.