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CENTER FOR BIOLOGICAL DIVERSITY v. NORTON

No. 00-2162.

262 F.3d 1077 (2001)

CENTER FOR BIOLOGICAL DIVERSITY, a non-profit corporation, Plaintiff-Appellant, and Sierra Club, Plaintiff, v. Gale A. NORTON, Secretary of the Department of the Interior, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

August 21, 2001.

Attorney(s) appearing for the Case

Matt Kenna, Kenna & Hickcox, P.C., Durango, Colorado, for Plaintiff-Appellant.

Ronald M. Spritzer, United States Department of Justice, Washington, D.C., (Lois J. Schiffer, Assistant Attorney General, District of New Mexico, Albuquerque, New Mexico; John J. Kelly, United States Attorney, District of New Mexico, Albuquerque, New Mexico; John W. Zavitz, Assistant United States Attorney, District of New Mexico, Albuquerque, New Mexico; Ellen Durkee, Jane P. Davenport, Sean H. Donahue, Attorneys, Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., on the brief), for Defendant-Appellee.

Before KELLY, McKAY, and MURPHY, Circuit Judges.

MURPHY, Circuit Judge.

I. INTRODUCTION

Appellant, Center for Biological Diversity (the "Center"), filed a lawsuit seeking injunctive relief to require the Secretary of the Interior (the "Secretary") to take final agency action on listing the Arkansas River shiner (the "shiner") as an endangered or threatened species. The suit became moot when the Secretary took final action on the shiner. The Center then filed a motion seeking litigation costs, including...

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