Love v. Reilly
Court of Appeals for the Ninth Circuit
1Opinion of the Court
BRUNETTI, Circuit Judge:
Northwest Food Processors Association (NWFPA) was one of three plaintiffs who filed for an injunction against the Environmental Protection Agency (EPA) to stop the EPA from banning dinoseb, a pesticide. Plaintiffs were granted the injunction, which was upheld on appeal. The NWFPA then filed a petition for attorney’s fees in the district court under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412. None of the other plaintiffs requested fees. The district court found the NWFPA entitled to fees under the EAJA. The government appeals.
STANDARD OF REVIEW
The district…
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