Center for Biological Diversity v. Norton
Court of Appeals for the Tenth Circuit
1Opinion of the Court
MURPHY, Circuit Judge.
I. INTRODUCTION
Appellant, Center for Biological Diversity (the “Center”), filed a lawsuit seeking injunctive relief to require the Secretary of the Interior (the “Secretary”) to take final agency action on listing the Arkansas River shiner (the “shiner”) as an endangered or threatened species. The suit became moot when the Secretary took final action on the shiner. The Center then filed a motion seeking litigation costs, including attorney’s fees, pursuant to 16 U.S.C. § 1540(g)(4). The district court denied the Center’s motion, holding that the Center had failed to…
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