United States Ninth Circuit
Western Watersheds Project v. Dep't of the Interior, 10-35836
In a long-running dispute involving federal grazing permits in Idaho, in which a conservation group prevailed in district court, an award of attorney's fees under EAJA is vacated in part, where: 1) the government did not waive its challenge to the fee award; and 2) the district court erred in awarding attorney's fees pursuant to EAJA and Sullivan v. Hudson, 490 U.S. 877 (1989), for work done in the administrative proceedings that preceded the district court action, since the district court action was not pending when the administrative proceedings concluded.
Appellate Information
- Decided 04/25/2012
- Published 04/25/2012
Judges
- Schroeder
Court
- United States Ninth Circuit
Counsel
- For Appellant:
- Laurence J. Lucas, Syrena C. Hargrove