United States Ninth Circuit

In an action against the Bureau of Land Management seeking a preliminary injunction against a timber sale, a grant of attorney's fees to plaintiff is reversed where plaintiff was not a prevailing party within the meaning of the Equal Access to Justice Act because, before judgment, the Bureau withdrew its challenged decision.

Appellate Information

• Argued 06/01/2009
• Decided 12/15/2009
• Published 12/15/2009

Judges

• O'SCANNLAIN, Circuit Judge:, Before:  DIARMUID F. O'SCANNLAIN, FERDINAND F. FERNANDEZ, and RAYMOND C. FISHER, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Robert Lundman, United States Department of Justice, Washington, D.C., argued the cause for appellant and submitted briefs.  Brian Perron, Office of the Solicitor, Department of the Interior, Washington, DC;  and Ronald J. Tenpas, Assistant Attorney General, Beverly F. Li, and Andrews C. Mergen, United States Department of Justice, Washington, DC, were also on the briefs.


• For Appellees:
  
• Erin Madden, Cascadia Law P.C., Portland, OR, argued the cause for appellees and filed a brief.  Marianne Dugan, Attorney, Eugene, OR, was also on the brief.