Forest Conservation Council v. Devlin
Court of Appeals for the Ninth Circuit
1Opinion of the Court
O’SCANNLAIN, Circuit Judge:
Appellants, (“Forest Conservation”), filed a lawsuit seeking the withdrawal of an advertised timber sale. The sale was withdrawn within hours of the filing of the suit. Forest Conservation now seeks attorneys’ fees. We must decide whether Forest Conservation is a prevailing party where they concede that their pre-litigation efforts, rather than filing the lawsuit, caused the withdrawal of the sale.
*711I
On July 20, 1990, pursuant to 36 C.F.R. §■223.80, Forest Service personnel at Umpqua National Forest published notice of the Calapooya Timber Sale. The Department of the…
2Cases cited19 opinions
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- Hewitt v. HelmsSupreme Court of the United States · 1987
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- United States v. City of San DiegoDistrict Court, S.D. California · 1998
- Forest Conservation Council v. DevlinCourt of Appeals for the Ninth Circuit · 1993
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