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WESTERN WATERSHEDS v. INTERIOR BD. OF LAND APPEALS

No. 09-35708.

624 F.3d 983 (2010)

WESTERN WATERSHEDS PROJECT, Plaintiff-Appellant, v. INTERIOR BOARD OF LAND APPEALS, Bureau of Land Management, and United States Department of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 12, 2010.

Attorney(s) appearing for the Case

Todd C. Tucci , Advocates for the West, Boise, ID, for the plaintiff-appellant.

Syrena C. Hargrove , Assistant United States Attorney, Boise, ID, for the defendants-appellees.

Before: MICHAEL DALY HAWKINS and M. MARGARET McKEOWN, Circuit Judges, and THOMAS J. WHELAN, Senior District Judge.

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...

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