Legal Opinion
Wilderness Society v. Babbitt
Court of Appeals for the Ninth Circuit
Decided September 17, 1993No. 92-36763PublishedCited by 13 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
Appellants (collectively “the Wilderness Society”) appeal the denial of their application for attorneys’ fees pursuant to the Equal Access to Justice Act (“the EAJA”). 28 U.S.C. § 2412(d)(1)(A). The Wilderness Society maintains that the district court abused its discretion in finding: (1) that the Wilderness Society was not a “prevailing party” within the meaning of the EAJA, and (2) that the Service’s position was substantially justified. We reverse.
Background
The present action for attorneys’ fees stems from a citizen’s enforcement suit against appellees (collectively…
2Cases cited8 opinions
- United States v. United States Gypsum Co.Supreme Court of the United States · 1948
- Bay Area Peace Navy v. United StatesCourt of Appeals for the Ninth Circuit · 1990
- J.H. McQuiston v. John O. Marsh, Jr., Secretary of the Army, United States Army Missile CommandCourt of Appeals for the Ninth Circuit · 1983
- League of Women Voters of California, and Pacifica Foundation, and Henry Waxman v. Federal Communications CommissionCourt of Appeals for the Ninth Circuit · 1986
- Severino Abela v. Ernest GustafsonCourt of Appeals for the Ninth Circuit · 1989
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Rosario Gutierrez v. Jo Anne Barnhart, Commissioner, Social Security AdministrationCourt of Appeals for the Ninth Circuit · 2001
- Independent Living Resources v. Oregon Arena Corp.District Court, D. Oregon · 1997
- Felton v. BrownUnited States Court of Appeals for Veterans Claims · 1994
- Lematta v. BrownUnited States Court of Appeals for Veterans Claims · 1996
- Lucas v. WhiteDistrict Court, N.D. California · 1999
8 more not listed; retrieve them via the Exa API.