Thursday, October 14, 2010

Western Watersheds Project v. IBLA

WESTERN WATERSHEDS PROJECT, Plaintiff-Appellant,
v.
INTERIOR BOARD OF LAND APPEALS, BUREAU OF LAND MANAGEMENT, AND UNITED STATES DEPARTMENT OF THE INTERIOR, Defendants-Appellees.

No. 09-35708.

United States Court of Appeals, Ninth Circuit.
Argued and Submitted September 1, 2010—Seattle, Washington.
Filed October 12, 2010.

OPINION

HAWKINS, Senior Circuit Judge.

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.

Read the entire Opinion here.

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