ENO v. JEWELL

No. 13-15166.

798 F.3d 1245 (2015)

Donald E. ENO, Plaintiff-Appellant, v. Sally JEWELL; U.S. Department of the Interior; Interior Board of Land Appeals; U.S. Forest Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2015.


Attorney(s) appearing for the Case

Steven J. Lechner (argued), Mountain States Legal Foundation, Lakewood, CO, for Plaintiff-Appellant.

Robert G. Dreher , Acting Assistant Attorney General, Mark R. Haag , Thekla Hansen-Young , James Maysonett (argued), and Maggie B. Smith , United States Department of Justice, Environment & Natural Resources Division, Washington, DC; Edward Alan Olsen , Assistant United States Attorney, Sacramento, CA; Joshua S. Rider and Andrew R. Varcoe , United States Department of Agriculture, Washington, DC; and Kendra Nitta , United States Department of the Interior, Washington, DC, for Defendants-Appellees.

Before: M. MARGARET McKEOWN, MARY H. MURGUIA, and MICHELLE T. FRIEDLAND, Circuit Judges.


OPINION

The Equal Access to Justice Act ("EAJA") "departs from the general rule that each party to a lawsuit pays his or her own legal fees." Scarborough v. Principi, 541 U.S. 401, 404, 124 S.Ct. 1856, 158 L.Ed.2d 674 (2004). The EAJA entitles those who prevail on a legal claim...

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