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LEAGUE OF WILDERNESS DEFENDERS-BLUE MOUNTAINS BIODIVERSITY PROJECT v. SMITH

CV. Nos. 04-1595-PK, 04-1628-PK.

491 F.Supp.2d 980 (2007)

LEAGUE OF WILDERNESS DEFENDERS-BLUE MOUNTAINS BIODIVERSITY PROJECT, Plaintiff, v. BROOKS SMITH, et al., Defendants.

United States District Court, D. Oregon.

May 17, 2007.

Attorney(s) appearing for the Case

Christopher G. Winter, Ralph O. Bloemers, Cascade Resources Advocacy Group, Portland, OR, Marc D. Fink, Duluth, MN, for Plaintiff.

Jeffrey K. Handy, United States Attorney's Office, Owen L. Schmidt, US Department of Agriculture, Office of the General Counsel, Portland, OR, Benjamin Longstreth, Thomas L. Sansonetti, US Department of Justice, Washington, DC, for Defendants.

OPINION AND ORDER

PAPAK, United States Magistrate Judge.

Plaintiff Blue Mountains Biodiversity Project ("BMBP") moves for an award of approximately $90,000 in attorney fees and costs pursuant to the Equal Access to Justice Act ("EAJA"), 28 U.S.C. 2412(d) (# 182). Defendant U.S. Forest Service ("Forest Service") opposes BMBP's motion and any award of fees thereon, claiming that BMBP is not a prevailing party and that the government's conduct was substantially...

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