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SAVE THE PEAKS COALITION v. U.S. FOREST SERVICE

No. 10-17896.

683 F.3d 1140 (2012)

The SAVE THE PEAKS COALITION; Kristin Huisinga; Clayson Benally; Sylvan Grey; Don Fanning; Jeneda Benally; Frederica Hall; Berta Benally; Rachel Tso; Lisa Tso, Plaintiffs-Appellants, v. UNITED STATES FOREST SERVICE; Joseph P. Stringer, Acting Forest Supervisor for the Coconino National Forest, Defendants-Appellees, Arizona Snowbowl Resort LP, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

June 21, 2012.

Attorney(s) appearing for the Case

Howard M. Shanker , The Shanker Law Firm PLC, Tempe, AZ, for Plaintiffs-Appellants.

Lane N. McFadden, Esquire , Cynthia S. Huber, Esquire , John Tustin , Trial Attorney, U.S. Department of Justice, Washington, DC, Michael A. Johns , Office of the U.S. Attorney, Phoenix, AZ, for Defendants-Appellees.

John J. Egbert , Paul G. Johnson, Esquire , Michael J. O'Connor , Jennings Strouss & Salmon, PLC, Phoenix, AZ, Dominic Francis Perella, Esquire , Andrew L. Spielman, Esquire , Catherine Emily Stetson, Esquire , Hogan Lovells U.S. LLP, Washington, DC, for Intervenor-Defendant-Appellee.

Before: J. CLIFFORD WALLACE, JOHN T. NOONAN, and MILAN D. SMITH, JR., Circuit Judges.

ORDER

Intervenor-Defendant-Appellee Arizona Snowbowl Resort Limited Partnership (Snowbowl) has moved for attorney's fees and costs. The court is well aware that Plaintiffs-Appellants and Howard M. Shanker (Shanker), their counsel, grossly abused the judicial process in prosecuting this second case. However, a majority of the panel has concluded that an award of attorney fees would be inequitable because Plaintiffs-Appellants appear to have been misled by their counsel...

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