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CITIZENS FOR BETTER FORESTRY v. U.S. DEPT. OF AGR.

No. 07-16077.

567 F.3d 1128 (2009)

CITIZENS FOR BETTER FORESTRY; The Ecology Center; Gifford Pinchot Task Force; Kettle Range Conservation Group; Idaho Sporting Congress; Friends of the Clearwater; Utah Environmental Congress; Cascadia Wildlands Project; Klamath Siskiyou Wildlands Center; Southern Appalachian Biodiversity Project Headwaters; The Lands Council, Plaintiffs-Appellees, v. U.S. DEPARTMENT OF AGRICULTURE; United States Forest Service, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 9, 2009.

Attorney(s) appearing for the Case

Ronald J. Tenpas, Assistant Attorney General; Andrew A. Smith, Andrew C. Mergen, and Robert J. Lundman (argued), United States Department of Justice, Washington, DC, for defendants-appellants.

Peter M.K. Frost, Western Environmental Law Center, Eugene, OR, for the plaintiffs-appellees.

Opinion by Judge CLIFTON; Dissent by Judge HUG.

CLIFTON, Circuit Judge:

The United States Department of Agriculture ("USDA"), which includes the Forest Service, appeals the district court's award of attorneys' fees to Citizens for Better Forestry and eleven other environmental groups (collectively, "Citizens") under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d)(1)(A). In the underlying action, Citizens sought declaratory and injunctive relief against the USDA for its promulgation of a new national...

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