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FRIENDS OF THE EARTH v. REILLY

No. 91-1109.

966 F.2d 690 (1992)

FRIENDS OF THE EARTH, Petitioner, v. William K. REILLY, Administrator, U.S. Environmental Protection Agency, Daniel W. McGovern, Regional Administrator Region 9, U.S. Environmental Protection Agency, and U.S. Environmental Protection Agency, Respondents.

United States Court of Appeals, District of Columbia Circuit.

Decided June 12, 1992.

Attorney(s) appearing for the Case

David Brett Kolker, with whom Rena I. Steinzor and Carrie G. Costello, Washington, D.C., were on the brief, for petitioner.

Stephen M. Johnson, Atty., Dept. of Justice, Denver, Colo., with whom Barry M. Hartman, Acting Asst. Atty. Gen., Washington, D.C., was on the brief, for respondents. W. Christian Schumann, Atty., Dept. of Justice, Washington, D.C., and Joseph Freedman, Atty., E.P.A., Eugene, Or., for respondents.

Before WALD, EDWARDS and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge HENDERSON.

KAREN LeCRAFT HENDERSON, Circuit Judge:

In this petition for review, we must decide whether Friends of the Earth (Friends), an environmental advocacy group, is entitled under the Equal Access to Justice Act (EAJA), 5 U.S.C. § 504(a)(1) & 28 U.S.C. § 2412(b), to recover attorneys fees incurred when it intervened in a proceeding brought by the U.S. Environmental Protection Agency (EPA) under...

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