WEST VIRGINIA HIGHLANDS CONSERVANCY, INCORPORATED, Plaintiff-Appellee,
v.
Dirk KEMPTHORNE, Secretary of the Interior, Defendant-Appellant.
United States Court of Appeals, Fourth Circuit.https://leagle.com/images/logo.png
Argued: March 25, 2009.
Decided: June 10, 2009.
Attorney(s) appearing for the Case
ARGUED: John Emad Arbab, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Appellant. Walton Davis Morris, Jr., Morris Law Office, PC, Charlottesville, Virginia, for Appellee. ON BRIEF: Ronald J. Tenpas, Assistant Attorney General, Aaron P. Avila, United States Department of Justice, Environment & Natural Resources Division, Washington, D.C.; Wayne A. Babcock, United States Department of the Interior, Office of the Solicitor, Pittsburgh, Pennsylvania, for Appellant. Mary Anne Maul, Charleston, West Virginia, for Appellee.
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge KING and Judge AGEE joined.
United States Court of Appeals, Fourth Circuit.
OPINION
MICHAEL, Circuit Judge:
This appeal stems from the Interior Board of Land Appeals' (IBLA or Board) determination that the West Virginia Highlands Conservancy (WVHC) was not eligible for attorneys' fees after prosecuting an administrative appeal to the IBLA. In the administrative appeal WVHC had challenged a decision of the Office of Surface Mining Reclamation and Enforcement (OSM) that rejected a citizen...
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