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WILDERNESS SOC. v. BABBITT

No. 92-36763.

5 F.3d 383 (1993)

The WILDERNESS SOCIETY; the Oregon Natural Desert Association, Inc.; Portland Audubon Society; Oregon Wildlife Federation, Plaintiffs-Appellants, v. Bruce BABBITT, in his official capacity as Secretary of the Interior; Barry Reiswig, in his official capacity as Refuge Manager of the Sheldon-Hart Mountain Refuge Complex; U.S. Fish & Wildlife, Defendants-Appellees, and Kiely Bros., Rock Creek Ranch, Inc.; Catherine McKee; O'Keefe Ranch, Defendants-Intervenors.

United States Court of Appeals, Ninth Circuit.

Decided September 17, 1993.

Attorney(s) appearing for the Case

Victor M. Sher, Adam J. Berger, Sierra Club Legal Defense Fund, Seattle, WA, for plaintiffs-appellants.

Andrea N. Ward, U.S. Dept. of Justice, Washington, DC, for defendants-appellees.

Before: GOODWIN, FARRIS, and THOMPSON, Circuit Judges.

GOODWIN, Circuit Judge:

Appellants (collectively "the Wilderness Society") appeal the denial of their application for attorneys' fees pursuant to the Equal Access to Justice Act ("the EAJA"). 28 U.S.C. § 2412(d)(1)(A). The Wilderness Society maintains that the district court abused its discretion in finding: (1) that the Wilderness Society was not a "prevailing party" within the meaning of the EAJA, and (2) that the Service's position was substantially justified...

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