United States Ninth Circuit

In a Freedom of Information Act action involving a request for documents regarding the effects of livestock grazing on Upper and Middle Columbia River Steelhead, the award of attorney's fees to Plaintiff is affirmed in part, where the District Court ruled in Plaintiff's favor on its Administrative Procedure Act claim, but reversed in part, where Defendants provided certain documents Plaintiff requested before the District Court ordered that they be turned over and thus Plaintiff was not a "prevailing party" with respect to those documents.

Appellate Information

• Argued 10/21/2008
• Decided 07/08/2009
• Published 07/08/2009

Judges

• THOMPSON, Senior Circuit Judge:, Before: DAVID R. THOMPSON, A. WALLACE TASHIMA and MILAN D. SMITH, JR., Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Mark W. Pennak, United States Department of Justice, Washington, D.C., for the defendants/appellants., Peter M. Lacy, Portland, OR, for the plaintiff/appellee.