Wednesday, October 13, 2010

Western Watersheds v. Interior Board Of Land

Oct 12: In the U.S. Court of Appeals, Ninth Circuit, Case No. 09-35708. In brief summary, the appeal 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 a summary judgment determination that EAJA fees were not available to Western Watersheds because its environmental claims were brought in a grazing permit renewal proceeding. The Appeals Court agreed with the district court's reasoning and affirmed its decision. The Appeals Court concluded, "Because Western Watersheds' commendable efforts to insure environmental compliance occurred within a proceeding Congress excepted from EAJA recovery, we affirm the district court's determination in that regard."
    Access the complete opinion (click here).

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