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OREGON ENVIRONMENTAL COUNCIL v. KUNZMAN

Nos. 85-4266, 85-4308 and 86-3779.

817 F.2d 484 (1987)

OREGON ENVIRONMENTAL COUNCIL, Citizens for the Safe Control of the Gypsy Moth, Elaine Olsen and Glen Olsen, Plaintiffs-Appellants, and Friends of the Earth; National Coalition Against the Misuse of Pesticides, Plaintiffs/Intervenors-Appellants, v. Leonard KUNZMAN, Director, State of Oregon, Department of Agriculture, State of Oregon, Department of Agriculture, United States Department of Agriculture, John R. Block, Secretary, United States Department of Agriculture, et al., Defendants-Appellees, and Oregonians for Food and Shelter, Inc., Defendant/Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 12, 1987.

Attorney(s) appearing for the Case

Michael Axline and John E. Bonine, Eugene, Or., and Larry Sokol, Portland, Or., for plaintiffs-appellants.

Ralph A. Bradley, Eugene, Or., for plaintiffs/intervenors-appellants.

Dorothy R. Burakreis, Peter R. Steenland, Jr., and Albert M. Ferlo, Jr., F. Henry Habicht, II, Dirk D. Snel, Washington, D.C., for defendants-appellees.

John DiLorenzo, Jr., and Brendan Stocklin-Enright, Portland, Or., for defendant/intervenor-appellee.

Before WRIGHT, GOODWIN and NELSON, Circuit Judges.

NELSON, Circuit Judge:

In these consolidated appeals, we review (1) a ruling that an environmental impact statement ("EIS") for an insecticide spraying program to combat infestations of gypsy moths satisfies the National Environmental Policy Act of 1969 ("NEPA"), 42 U.S.C. § 4332(C) (1982), and its implementing regulations, 40 C.F.R. §§ 1500-1508 (1986), and (2) the denial of attorneys' fees under the Equal Access to Justice Act ("EAJA"), 28 U.S.C....

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