Western Watersheds Proj. v. Interior Bd. of Land Apps., No. 09-35708 - - U.S. Ninth Circuit
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Western Watersheds Proj. v. Interior Bd. of Land Apps., No. 09-35708

Equal Access to Justice Act Attorney's Fee Case

In Western Watersheds Proj. v. Interior Bd. of Land Apps., No. 09-35708, plaintiff's appeal from the district court's denial of attorney's fees to plaintiff under the Equal Access to Justice Act (EAJA), the court affirmed where EAJA fees were not available to plaintiff because its environmental claims were brought in a grazing permit renewal proceeding.

As the court wrote:  "In this appeal, which involves the interplay between the issuance or renewal of Bureau of Land Management ("BLM") grazing permits and the fee-shifting provisions of the Equal Access to Justice Act ("EAJA"), Western Watersheds Project ("Western Watersheds") appeals the summary judgment determination that EAJA fees were not available to Western Watersheds because its environmental claims were brought in a grazing permit renewal proceeding. We agree with the district court's reasoning and affirm."

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