Black Mesa Water Coalition v. Sally Jewell

OPINION

GOULD, Circuit Judge:

Black Mesa Water Coalition, et al. (Black Mesa), a group of environmental and community organizations, sought costs and expenses, including attorney’s and expert witness fees, from the Federal Office of Surface Mining Reclamation and Enforcement (OSM) after Black Mesa participated in a successful challenge to OSM’s grant of a coal mining permit revision. An Administrative Law Judge (ALJ) denied Black Mesa’s fee request, and the Interior Board of Land Appeals (IBLA) affirmed. Upon review, the district court affirmed the agency’s final decision. Black Mesa appeals…