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.
Argued and Submitted June 1, 2009
Filed December 15, 2009
Opinion by Judge O'Scannlain
Robert Lundman, Brian Perron and Ronald J. Tenpas, United States Department of Justice, Washington, DC
Erin Madden and Marianne Dugan, Cascadia Law P.C., Portland, OR