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MARBLED MURRELET v. BABBITT

No. 98-15788.

182 F.3d 1091 (1999)

MARBLED MURRELET, (Brachyramphus Marmoratus); Northern Spotted Owl, (Strix Occidentalis Caurina); Environmental Protection Information Center, Inc., Plaintiffs-Appellees, v. Bruce BABBITT, Secretary, Department of the Interior; Mollie Beattie, Director, United States Fish and Wildlife Service; Michael Spear, Region 1 Director, United States Fish and Wildlife Service; U.S. Fish and Wildlife Service, Defendants, and Pacific Lumber Company, a Delaware corporation; Scotia Pacific Holding Company, a Delaware corporation; Salmon Creek Corporation, a Delaware corporation, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 7, 1999.

Attorney(s) appearing for the Case

Jared G. Carter, Carter, Behnke, Oglesby & Bacik, Ukiah, California, for the defendants-appellants.

Thomas N. Lippe, Law Offices of Thomas N. Lippe, San Francisco, California, for the plaintiffs-appellees.

James M. Hecker, Trial Lawyers for Public Justice, Washington, D.C., for the amicus.

Robin L. Rivett, Pacific Legal Foundation, Sacramento, California, for the amicus.

Before: SCHROEDER, REINHARDT, and SILVERMAN, Circuit Judges.

SCHROEDER, Circuit Judge.

This is an appeal from the denial of attorney's fees to the defendant in a lawsuit under the Endangered Species Act. A non-profit environmental group filed the suit and the defendant logging company prevailed. The district court considered the defendant's claim for fees under two different standards that this court has used in the past to determine whether to award fees to a prevailing defendant in environmental cases. The district court...

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