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ASSOCIATION OF CALIFORNIA WATER AGENCIES v. EVANS

No. 03-15380.

386 F.3d 879 (2004)

ASSOCIATION OF CALIFORNIA WATER AGENCIES; State Water Contractors; Kern County Water Agency; Stockton East Water District, Plaintiffs-Appellees, and Oregon Natural Resources Council; Pacific Coast Federation of Fishermen's Associations; Institute for Fisheries Resources; Pacific Rivers Council, Intervenors, v. Donald L. EVANS, in his official capacity as Secretary, U.S. Department of Commerce; William Hogarth, Director, Assistant Administrator of Fisheries, National Marine Fisheries Service, in his official capacity; Robert Lohn, Regional Director, Northwest Region, National Marine Fisheries Service, in his official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 24, 2004.

Attorney(s) appearing for the Case

Aaron P. Avila, Attorney, United States Department of Justice, Washington, DC, for the appellants.

Gregory K. Wilkinson, Best Best & Krieger LLP, Riverside, CA, for the appellees.

Before: HUG, ALARCÓN, and W. FLETCHER, Circuit Judges.

HUG, Circuit Judge:

This case involves contested attorneys' fees awarded to Plaintiffs under the Endangered Species Act ("ESA"). During the pendency of Plaintiffs' action, the result of other related litigation rendered the Plaintiffs' litigation moot. Plaintiffs' request for fees is based on the theory that their lawsuit was a catalyst to bringing about Defendants' voluntary change of conduct and Defendants' revised interpretation of Section 4(b)(2) of the Endangered...

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