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KLAMATH SISKIYOU WILDLANDS v. U.S. BUREAU OF LAND

No. 08-35463.

589 F.3d 1027 (2009)

KLAMATH SISKIYOU WILDLANDS CENTER; Cascadia Wildlands Project; Umpqua Watersheds, Plaintiffs-Appellees, v. UNITED STATES BUREAU OF LAND MANAGEMENT, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 15, 2009.

Attorney(s) appearing for the Case

Robert Lundman, United States Department of Justice, Washington, D.C., argued the cause for appellant and submitted briefs. Brian Perron, Office of the Solicitor, Department of the Interior, Washington, DC; and Ronald J. Tenpas, Assistant Attorney General, Beverly F. Li, and Andrews C. Mergen, United States Department of Justice, Washington, DC, were also on the briefs.

Erin Madden, Cascadia Law P.C., Portland, OR, argued the cause for appellees and filed a brief. Marianne Dugan, Attorney, Eugene, OR, was also on the brief.

Before: DIARMUID F. O'SCANNLAIN, FERDINAND F. FERNANDEZ, and RAYMOND C. FISHER, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether environmental organizations are prevailing parties within the meaning of the Equal Access to Justice Act when, before judgment, the Bureau of Land Management withdraws its challenged decision to conduct a timber sale.

I

Plaintiffs Klamath Siskiyou Wildlands Center, Cascadia Wildlands Project, and Umpqua Watersheds ("Klamath") sued the Bureau of Land Management of the United States Department of the...

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