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NATURAL RESOURCES DEFENSE COUNCIL, INC. v. LUJAN

Civ. A. No. 82-2763 (WBB).

815 F.Supp. 451 (1992)

NATURAL RESOURCES DEFENSE COUNCIL, INC. et al., Plaintiffs, v. Manuel LUJAN, Jr., et al., Defendants.

United States District Court, District of Columbia.

August 6, 1992.

Attorney(s) appearing for the Case

Timothy Biddle, Washington, DC, for Nat. Coal Ass'n, intervenor. Steven P. Quarles, Crowell and Moring, Washington, DC, for State of Wyo., intervenor.

Eugene D. Gulland, Coving and Burling, Washington, DC, for Shell Oil Co., intervenor.

Glenn P. Sugameli, National Wildlife Federation, Washington, DC, for plaintiff National Wildlife Federation.

Melinda Taylor, National Audubon Soc., Washington, DC, for plaintiff Nat. Audubon Soc.

Johanna H. Wald, Natural Resources Defense Council, Inc., William S. Curtiss, Sierra Club Legal Defense Fund, Inc., San Francisco, CA, for plaintiffs.

MEMORANDUM AND ORDER

BRYANT, Senior District Judge.

The question before this court is whether or not plaintiffs are entitled under the Equal Access to Justice Act, 28 U.S.C. § 2412(d)(1)(A) (1988) ("EAJA"), to attorneys' fees and expenses incurred in litigating counts one and two of their eleven-count Complaint of September 28, 1982 ("Complaint").

Background

On July 30, 1982, the Department of the Interior promulgated regulations...

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