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CONSERVATION FORCE v. SALAZAR

No. 10-5432.

699 F.3d 538 (2012)

CONSERVATION FORCE, et al., Appellants v. Kenneth Lee SALAZAR, Secretary of Interior, in his Official Capacity, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided November 16, 2012.

Attorney(s) appearing for the Case

John J. Jackson III argued the cause and filed the briefs for appellants.

Tamara N. Rountree , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Andrew C. Mergen , Attorney. James C. Kilbourne and Robert J. Lundman , Attorneys, entered appearances.

Opinion for the Court by Circuit Judge ROGERS.

ROGERS, Circuit Judge:

This appeal is from the denial of a motion for attorneys fees and costs under the citizen-suit provision of the Endangered Species Act ("ESA"), 16 U.S.C. § 1540(g)(4). Conservation Force and others ("appellants") sued the Secretary of Interior and the Fish and Wildlife Service (together "FWS"), pursuant to 16 U.S.C. § 1540(g). They alleged violations of the ESA by refusing to process applications

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